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

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

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

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

Assessment of the remuneration gap between men and women. The Committee recalls that the Government previously indicated that it was making efforts to obtain data on average wages disaggregated by sex and occupation so as to better assess the implementation of the Convention. The Committee notes the Government’s statement that there is no difference in remuneration between men and women for the “same job or post” and that therefore no data have been collected on remuneration received respectively by men and women. The Government acknowledges, however, that differences in pay may exist between men and women due to the concentration of women in lower-paid jobs or the fact that certain posts tend to be filled more by men than by women. The Committee recalls that occupational sex segregation is one of the main underlying factors of earnings differences between men and women as it often results in the undervaluing of posts and jobs predominantly or exclusively performed by women in comparison with those of men who are performing different work that may nevertheless be of equal value. The collection and analysis of 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, is therefore essential to determine the nature and extent of the remuneration gap between men and women, and assessing its causes, including occupational segregation. The Committee asks the Government to step up its efforts 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. Please also provide information on any measures taken to address the concentration of women in lower paid jobs and their under-representation in higher paid sectors or occupations, and the results achieved.

Article 1(a) of the Convention. Application of the principle to all elements of remuneration. The Committee notes that a survey undertaken by the Ministry of Labour and Human Resources in April 2009 on equal pay for equal work in 103 sample enterprises indicates that the most prevalent model of payment was a “fixed monthly post-based wage plus a floating wage” such as “post-based wage plus performance bonus or other allowances or subsidies”. The Committee asks the Government to provide 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 that no sex-based discrimination exists in the payment of such additional emoluments. Please continue to provide information on any surveys being undertaken or envisaged, regarding the application of the principle of equal remuneration for men and women for work of equal value, including the findings of such surveys.

Article 2. Determination of wages. With regard to the method of calculation of indicative wages to be set by enterprises for the different occupations, the Committee notes the Government’s explanation that labour market guidance wage levels are formulated in accordance with the “Notification on the Establishment of the Labor Market Guidance Wage Level System” of 1999, and obtained by observing the actual wages, and not through government instructions. They are classified according to job categories, without taking into account gender considerations; for the same post or job, the same guidance wage level is used for male and female workers. The Committee considers that the described method of indicative wage setting may not take fully into account the principle of equal remuneration for men and women for work of equal value, and it is unclear how it is being ensured that the recommended wage levels for occupations that are predominantly carried out by women are not being undervalued as a result of gender bias. The Committee therefore asks the Government to take appropriate measures, in cooperation with the workers’ and employers’ organizations, to ensure that the national system for indicative wage setting fully takes into account the principle of equal remuneration for men and women for work of equal value, and provide information on the progress made in this regard.

Articles 2(c) and 4. Collective bargaining and cooperation with workers’ and employers’ organizations. The Committee notes from the Government’s report that the promotion of collective bargaining is one of the main means the Government uses to assist enterprises in the setting of wages, and will be the basis for further reforms regarding methods for wage determination. It notes in this regard the launching of the Rainbow Project, which is a tripartite effort, to promote the implementation of collective wage bargaining, as well as the other efforts undertaken by the Government to consult with workers’ and employers’ organizations when formulating wage standards and policies. The Committee asks the Government to provide specific information on the measures taken or envisaged, in the context of the Rainbow Project or otherwise, to raise awareness among workers’ and employers’ representatives negotiating wage agreements of the principle of equal remuneration for men and women for work of equal value and of ways of implementing it in the context of wage agreements, and the results achieved by such measures.

Article 3. Objective job evaluation. The Committee recalls the Government’s previous indication that most enterprises use the “job-post wage system”, under which wages are being determined on the basis of perceived skills required, level of responsibility, labour intensity and working conditions specific to each post. The Committee notes that the Government’s report merely indicates that enterprises are free to choose the “job-post wage system” without giving further information on the extent to which it is being used. Noting further the Government’s explanations regarding “objective job evaluation based on work performance as part of the enterprise’s internal management”, the Committee remains unclear as to whether “the job-post wage system” referred to by the Government is an actual objective job evaluation method, with the objective to measure the relative value of jobs with varying content on the basis of the tasks to be performed, regardless of the worker’s actual performance. Recalling that objective job evaluation is an important means of determining remuneration in accordance with the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to confirm whether the “job-post wage system” is an objective job evaluation method, and to provide information on any measures taken or envisaged to promote the development and use of such methods, including in the context of the “job-post wage system”, and the results achieved.

Enforcement. The Committee notes from the Government’s report that steps have been taken to improve the labour inspection capacity in general, but that further efforts are needed. The Government also indicates that statistical data on the number of cases involving violations of the principle of equal pay for equal work between men and women are not yet available. The Committee encourages the Government in its efforts to improve its labour inspection capacity, and requests the Government to provide information on the specific measures taken to strengthen the capacity of the labour inspectorate to detect and address violations relating to equal remuneration for men and women for work of equal value, and the results achieved. Please provide information on any measures taken to collect and analyse information regarding cases involving violations of the principle of equal pay.

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

Articles 1 and 2 of the Convention. Laws and regulations.  The Committee recalls that section 46 of the Labour Law 1994 provides that the “distribution of wages shall follow the principle of distribution according to work and equal pay for equal work”. The Labour Contract Law, 2007, also provides that, where no collective contract providing specifications regarding remuneration exists, the principle regarding equal pay for equal work should be followed. The Committee takes note of the Government’s reply that the Labour Contract Law, 2007, represents significant progress with respect to the effective protection of the right of workers, including dispatched workers, to equal remuneration for equal work, and as such provides a powerful means to eliminate gender-based discrimination. The Committee recalls its 2006 general observation which emphasizes the crucial importance of the concept of “work of equal value” when applying the Convention. Recalling that the Committee in its 2006 general observation urged governments of countries which have not done so to adopt legislation giving full expression to the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to examine ways and means of reflecting fully the Convention’s principle in the legislation and to provide information on any measures taken or envisaged in this regard.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s statement that with the increasing complexity in industrial relations and employment structures it is a challenge to adopt concrete actions to implement the Convention fully and it welcomes the Government’s commitment to strengthen its cooperation and exchanges with the ILO in this regard. In this context, the Committee draws the Government’s attention to the matters set out below.

Assessment of the wage gap between men and women. In its previous comments, the Committee asked the Government to supply statistical data on employment and remuneration disaggregated by sex, sector of activity, occupation and level of responsibility, and on any measures taken or envisaged to ensure the collection of more detailed and reliable statistics on the situation of women in the labour market. In reply, the Government indicates that sex-disaggregated employment data, including data on the educational level, employment status and occupation are available in the China Labour Statistic Yearbook. However, data on wages disaggregated by sex were not yet available. The Government also indicates that it is making efforts to obtain data on average wages disaggregated by sex and occupation so as to better assess the implementation of the Convention. The Committee asks the Government to provide information on the progress made in ensuring the collection and publication of statistical data on the earnings of men and women and to provide such data as soon as available.

Articles 1 and 2. Laws and regulations. The Committee recalls its 2006 general observation which emphasizes the crucial importance of the concept of “work of equal value” when applying the Convention. In this regard, the Committee also recalls that section 46 of the 1994 Labour Law provides that the “distribution of wages shall follow the principle of distribution according to work and equal pay for equal work”. The 2007 Labour Contract Law similarly provides that, where no collective contract providing specifications regarding remuneration exists, the principles regarding equal pay for equal work should be followed.  Recalling that the general observation urged governments of countries which have not done so to adopt legislation giving full expression to the principle of equal remuneration for men and women for work of equal value, and also noting that the Committee on the Elimination of Discrimination against Women, also in 2006, expressed concern about the lack of legal provisions in China guaranteeing equal remuneration for men and women for work of equal value (CEDAW/C/CHN/CO/6, 25 August 2006, paragraph 29), the Committee asks the Government to examine ways and means of reflecting more fully the Convention’s principle in the legislation and to provide information on any measures taken or envisaged in this regard.

The Committee recalls that the Government publishes wage guidelines setting out indicative wages for the different occupations to guide enterprises in determining appropriate rates of remuneration. In its report, the Government notes that the wage guidelines help remove discrimination based on sex since the indicative wages for each occupation apply irrespective of sex. While noting the Government’s explanations, the Committee notes that, in addition to ensuring that indicative wages apply equally to men and women, it is also important to ensure that the recommended wage levels for occupations that are predominantly carried out by women are not undervalued as a result of gender bias. The Committee asks the Government to provide information on how the indicative wages are calculated for the different occupations and by which method it is ensured that the principle of equal remuneration for work of equal value for men and women is taken into account in the setting of indicative wage contained in the wage guidelines.

Collective bargaining. The Committee notes from the Government’s report that the provisions contained in wage agreements agreed between enterprises and workers have the force of law and apply equally to men and women. The Committee encourages the Government, in cooperation with workers’ and employers’ organizations, to undertake promotional measures to raise awareness among workers’ and employers’ representatives negotiating wage agreements of the principle of equal remuneration for men and women for work of equal value and of ways of implementing it in the context of wage agreements. Please provide information on any measures taken or envisaged in this regard.

Article 3. Objective job evaluation. The Committee recalls that the Convention envisages the development and use of objective job evaluation methods as an important means of determining remuneration in accordance with the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee previously noted that according to the Government most enterprises apply the “job-post wage system” in which wages are determined on the basis of perceived skills required, level of responsibility, labour intensity and working conditions specific to each post. The Committee asks the Government to continue to provide information on the extent to which the job-post wage system is being used, as well as any other measures taken or envisaged to promote the development and use of objective job evaluation methods.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes from the Government’s report that labour departments at all levels consult with workers’ and employers’ organizations when formulating wage standards and policies. The Committee asks the Government to continue to provide information on any measures taken or envisaged to seek the cooperation of workers’ and employers’ organizations with a view to giving effect to the Convention, including information on cooperation in addressing the Committee’s present comments. The Committee also reiterates its previous request for information on the results of an investigation into the wage levels of women workers by the All-China Federation of Trade Unions (ACFTU) to which reference had been made previously.

Enforcement. With regard to the enforcement of the principle of equal remuneration for men and women through labour inspection, the Committee notes that by the end of 2006, a total of 3,200 labour inspection agencies had been set up throughout the country with a total of 22,000 full time labour inspectors. The Committee reiterates its request to the Government to provide information on the number and nature of violations relating to equal remuneration for men and women for work of equal value reported.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Wage gap between men and women. The Committee notes the statistical information provided by the Government showing the yearly average wages for men and women by industry and occupation for 2003. It notes from the data that in every sector of the economy, women earn on average less than men – a pattern which is also observed in the majority of occupational categories. It further notes that, according to a national survey prepared by the All-China Women’s Federation (ACWF), the average income of urban women is roughly 30 per cent lower than their male counterparts, which represents a 7 per cent increase in the pay gap between men and women over the period of a decade. Recalling that the Programme for the Development of Chinese Women (2001–10) includes the objective of ensuring equal pay for women and men and of reducing the salary gap between them, and noting that the Government’s 2005 White Paper on Gender Equality and Women’s Development in China reaffirms the importance of achieving pay equity, the Committee asks the Government to endeavour further study into the direct and indirect causes of wage differentials between men and women and to report on the measures taken or foreseen to reduce the persistent wage gap. The Committee would also appreciate receiving information on the results of the investigation conducted by the All-China Federation of Trade Unions (ACFTU) into the wage levels of women workers in enterprises of varying ownership systems as well as on the impact of the measures taken to address the problems identified by the ACFTU investigation.

2. Wage-setting in private enterprises. The Committee notes the Government’s efforts to proceed to an enterprise-level wage income distribution system where enterprises determine autonomously their own wage levels. The Government indicates that most enterprises presently apply the “job-post wage system”, in which wages are determined on the basis of the perceived skills required, level of responsibility, labour intensity and working conditions specific to each job-post. The Committee notes that the Government’s indicative wage system, which serves as a reference to help enterprises set wage levels, is published according to job categories and that gender is not taken into consideration, nor are jobs performed by women downgraded. The Government further states that it actively promotes collective bargaining at the enterprise level to determine the scope of wage increases (339,000 enterprises have accepted the system of collective wage negotiations). The Committee notes that in the context of this wage-setting reform for private enterprises, the State will limit itself to effecting macroeconomic guidance and adjustments. Consequently, the Committee asks the Government to indicate how it ensures that the wages set by enterprises either independently or through collective bargaining do not undervalue jobs performed by women and are free from sex bias, and to include examples of agreements and the job assessment methodologies used. The Government is also asked to provide information on how it promotes equal remuneration in the negotiation of collective wage-setting agreements. Please also continue to provide information on the setting and use of indicative wages and their impact on equal remuneration between men and women workers.

3. The Committee notes from the Government’s reply to the Committee on Economic, Social and Cultural Rights that under the Programme for the Development of Chinese Women (2001–10), targets have been set to raise the proportion of women in the principal bodies of government at all levels and to increase the number of women holding offices or posts of major importance as well as the percentage of women in management positions (HR/CESCR/NONE/2004/10). Recalling the significant under-representation of women in supervisory positions, the Committee asks the Government to provide information on the progress made towards achieving a greater representation of women in positions of responsibility in the public sector, as such action helps to promote application of the Convention. Please also indicate how the Government intends to promote the increased representation of women in positions of responsibility in privately owned enterprises.

4. Equal opportunity in training and education. The Committee would like to draw the Government’s attention to the fact that inequalities between the wages of men and women workers result from a number of factors including the segregation of women in education and training programmes which tend to lead to lower paying and less career-oriented employment opportunities. In this respect, the Committee asks the Government to indicate any measures taken or planned to promote women’s equal access to the education and training necessary to permit them to compete effectively and obtain higher level and better paid employment.

5. Parts III and IV of the report form. The Government states that no new laws or regulations have been introduced with respect to the enforcement of equal remuneration, nor has the Government received any reports to date regarding the violation of the Convention. Recalling the Government’s indication that advocacy, enforcement and monitoring are the principle measures to promote and ensure the implementation of laws and regulations ensuring equal pay, the Committee asks the Government for information in its next report on the active measures taken to enforce the principle of the Convention and to indicate the number and nature of violations reported, the actions taken as a result, and whether any particular difficulties have been encountered in the practical application of the Convention.

6. Statistics. The Committee notes the ILO workshop held in Beijing in April 2006 with the ACFTU on increasing awareness among trade union leaders on the rationale, strategies and methodologies for collecting and analysing gender-sensitive statistics. The Committee notes that, in the course of the discussions, it was agreed that there was a need to carry out more in-depth gender analysis given that existing research and data collection did not reveal the full differences between men and women on the labour market despite the assessment that vertical and horizontal job segregation existed in all economic sectors (e.g. labour statistics often excluded the management levels and temporary workers as well as participation rates). The Committee asks the Government to continue supplying statistical data on employment and remuneration disaggregated by sex, sector of activity, occupation and level of responsibility. In light of the above discussions, it also asks the Government to indicate what measures it has taken or is considering to ensure the collection of more detailed and reliable statistics on the situation of women in the labour market to better assess the progress made towards equal remuneration between men and women for work of equal value.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and the attached documentation and asks the Government to provide information on the following points.

1. Recalling its previous request to the Government to consider the possibility of undertaking an analysis of the actual situation of women compared to men in terms of their grading and remuneration levels, the Committee notes the labour statistics provided by the Government on the proportion of women in the various economic sectors and occupational groups. It notes, however, that the statistics on wages are not yet disaggregated by sex and occupation. Noting that the China Women Development Programme (2001-10) reiterates the objective of ensuring equal pay for women and men and of reducing the salary gap between men and women, the Committee stresses the importance of creating an appropriate knowledge base about the earnings of women and their position in the labour market in order to design and implement the measures necessary to achieve these objectives through the application of the Convention. The Government is therefore asked to continue to collect and provide statistical information on the income and employment of women, including their earnings in the various economic sectors and occupational groups, as well as data on their earnings in state-owned as compared to private enterprises. For guidance on statistical collection, the Committee refers to its general observation of 1998.

2. From the information provided in the Government’s report, the Committee notes that women are significantly underrepresented in the occupational group "heads of unit". It hopes that the Government will take measures to address promotion of women to supervisory positions, as such action helps to promote application of the Convention, particularly as an increasing number of enterprises move towards function-based remuneration systems.

3. The Committee notes the Experimental Scheme for Mutually Agreed Salary Agreement promulgated by the Ministry of Labour and Social Security on 8 November 2000, which applies to all enterprises in China and sets out the definition, subject and procedures for such agreements. Section 7 of the Scheme lists the subjects to be covered by salary agreement, which includes the remuneration distribution system, bonuses and benefits. The Committee asks for information on how the Government ensures that the remuneration distribution systems are established in accordance with the principle of equal remuneration for work of equal value and that bonuses and benefits are provided to men and women on an equal footing. Noting that the Directive on Implementing Further In-depth Restructuring of Internal Distribution Systems in Enterprises, also promulgated by the Ministry of Labour and Social Security in November 2000, encourages the use of various forms of function-based wages, the Committee asks the Government to provide a copy of this Directive and information on its implementation.

4. Recalling its previous comments concerning the indicative labour market wage levels issued by the Government as a reference for enterprises, the Committee notes that the labour administration authorities regularly gather, assess and process information on wage levels of different professions in various types of enterprises in order to develop a standard wage level for each profession. The Government indicates that pilot projects to establish such wage guidance systems are being carried out in 98 cities with a view to developing a scientifically based and modern labour market. The Committee asks the Government to provide information on the methodology used to ensure that the indicative wages issues are established in accordance with the principle of the Convention, that jobs in which women work are not undervalued and that the process is free from sex bias.

5. With reference to its previous comments concerning the methods used in supervising the application of the provisions on equal pay, the Committee notes from the Government’s report that the Ministry of Labour and Social Security is responsible for implementing laws and regulations ensuring equal pay and that advocacy, enforcement and monitoring are the principle measures taken to promote and ensure their implementation. The Committee asks the Government to provide information on any enforcement actions including the number and nature of violations reported and the actions taken to remedy any discrepancies.

6. The Committee notes the Government’s indications that the trade unions and women’s associations initiated activities to promote the principle of the Convention. The All-China Trade Union conducted investigations on wage levels among women workers in enterprises under different types of ownership in ten cities in five provinces and the problems discovered were reported to the relevant authorities, followed by coordinated efforts with the enterprises concerned to solve them. The Committee asks the Government to provide information on the results of these investigations and on the impact of the measures taken to address the identified problems.

7. Finally, the Committee notes that the Government has requested the ILO to provide technical assistance with respect to the application of the Convention and hopes that the ILO will be in a position to provide such assistance in the near future.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report.

1. With regard to the decentralization of wage fixing, the Committee notes the Government’s statement that most enterprises have now adopted the post and skill wage system, which is a system for determining wages for specific jobs, under which remuneration is established on the basis of an objective appraisal of jobs based on: vocational skills, responsibilities, work intensity and working conditions. It notes that these appraisals have to be carried out jointly by the enterprise specialists and notes that the Government encourages enterprises to determine wage increases for their staff and workers independently through collective consultations. The Committee notes that the Government issues indicative labour market wage levels as a reference for enterprises. In this respect, the Committee reiterates its earlier comments that, since men and women tend to perform different jobs, it is essential to develop a method for objectively measuring the relative value of jobs with varying content in order to effectively eliminate discrimination in the remuneration of men and women workers. In order to determine whether the post and skill wage system in fact permits an objective evaluation of the relative value of the different jobs performed by men and women workers and the elimination of gender-based pay differentials, the Committee asks the Government once again to consider the possibility of undertaking an analysis of the actual situation of women as compared to men, in terms of their grading levels and remuneration and to provide information with its next report on the measures taken in this respect.

2. Recalling that Article 1(a) of the Convention defines remuneration broadly as the ordinary, basic or minimum wage or salary and any additional emoluments, the Committee recalls that in its last request it asked the Government to provide information as to whether the minimum wage includes housing and welfare benefits. The Committee reiterates its request to the Government to provide this information and also provide information on how the principle of equal remuneration is applied in relation to payments covered by the Interim Provisions on the Payment of Wages. In this respect, the Committee notes the Government’s statement that a mew minimum wage has been adopted and that specific standards are to be determined by provincial governments and adjusted once a year.

3. The Committee notes that the Ministry of Labour and Social Security is disseminating information of the legislation about equal remuneration and is monitoring its implementation. In this regard, the Committee asks the Government to provide information with its next report on the number of labour inspections carried out and the methods used in supervising the application of the provisions on equal pay, the number of violations reported and the action taken to remedy any discrepancies.

4. The Committee also recalls that in its previous comments it asked the Government to provide information on the activities carried out in the context of the Programme for the Development of Chinese Women (1995 2000), as well as information on any action taken in cooperation with the social partners to promote the principle of equal remuneration for men and women workers for work of equal value. Noting that the Government has not provided the requested information in this respect, the Committee asks it to provide this information with its next report.

5. The Committee reminds the Government of the need to provide sufficient information to enable it to assess the implementation of the Convention in practice. It therefore reiterates its request to the Government to provide statistical information disaggregated by sex, in accordance with the general observation of 1998 on the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information contained in the Government's report, including the statistical information provided.

1. The figures contained in the Government's report indicate that women constitute 38.7 per cent of the total number of formal sector employees nationwide. Women constitute 36.4 per cent of employees in state-owned units, 44.5 per cent of employees in urban collective-owned units and 47.5 per cent of employees in other ownership units. The figures provided indicate that women predominate in the following sectors: retail (52.3 per cent); restaurants (57.9 per cent); residential services (51.9 per cent); health care (56.9 per cent); hotels (56.4 per cent); and recreational services (50.6 per cent). The Committee notes, however, that the statistical information provided does not permit an evaluation of the application of the Convention, in that it does not reflect the distribution of women at different levels and in different occupations by sector, nor are the average earnings shown for each sector disaggregated by sex. Accordingly, the Government is requested to provide, in its next report, the statistical information (for both the public and private sectors) requested in the general observation on this Convention.

2. The Committee refers to its previous comments on whether there exist measures to ensure non-discrimination on the basis of sex in respect of the wage components, in addition to housing and welfare benefits, which do not form part of the minimum wage. The Government report makes reference to section 3 of the Interim Provisions on Payment of Wages (the "Interim Provisions"), which provides that the term "wages" refers to the remuneration paid to labourers by employing units in various forms according to the provisions of labour contracts. While noting that this definition appears to be sufficiently broad to cover the elements of remuneration set out in the Convention, the Committee requests the Government to indicate how the principle of equal remuneration is applied to the various forms of payments covered by the Interim Provisions.

3. The Government states that China is in the process of decentralizing the wage-fixing practice and that it is examining methods to compare and assess the value of work in different industries and occupations with the goal of eliminating inequality of remuneration, particularly in those occupations that are female-dominated. In this context, the Government indicates that it attaches great importance to the constructive comments of the Committee and that it agrees with the ILO experts' explanation of the concept of "equal remuneration for work of equal value" and "the procedures of objective appraisal of jobs" presented at the Seminar on Equality and Women's Rights in Beijing in 1996. The Government indicates that this information will be of assistance in the implementation of the post and skill wage system, particularly in occupations where women are heavily concentrated. The Committee notes that the post and skill wage system uses a post assessment and an accomplishment assessment in its appraisal of jobs. The post assessment uses the criteria of skill, responsibility, strength and working conditions to classify the labour requirements of different posts. The accomplishment assessment entails an analysis of the skill and vocational levels of workers and the quality and quantity of the labour rendered by the worker. The Government indicates its belief that the post and skill system of wage determination introduced in China on a trial basis in 1992 gives due consideration to the psychological and technical advantages of women.

4. The Committee recalls that, since men and women tend to perform different jobs, it is essential to develop a method for measuring the relative value of jobs with varying content, in order to effectively eliminate discrimination in the remuneration of men and women workers. However, factors and factor weights used in job evaluations may be biased in that they fail to give sufficient consideration to qualities regarded as essentially "feminine." Some of the criteria used in assessing the post, such as strength and working conditions, may unduly favour men, whereas factors present in certain female-dominated occupations, such as care giving and human relations skills, may be undervalued (see General Survey on equal remuneration, ILO, 1986, paragraphs 138-145). In order to determine whether the post and skill wage system in fact permits an objective evaluation of the relative value of the different jobs performed by men and women workers and the elimination of gender-based pay differentials, the Committee again asks the Government to consider the possibility of undertaking an analysis of the actual situation of women as compared to men, in terms of their grading levels and remuneration.

5. The Committee notes the Government's statement that men and women workers receive the same remuneration for the same job and there exists no discrimination against women workers in China. The Committee nevertheless recalls its previous comments that the Government's second report on the implementation of the Nairobi Forward-Looking Strategies for the Advancement of Women (1994) stated that the phenomenon of "equal work with unequal pay still exists in some areas and units" and that the Government's "Programme for the Development of Chinese Women (1995-2000)" targets the implementation of equal pay for equal work for men and women workers in the city and countryside, the Committee would welcome information from the Government regarding activities undertaken under the Programme to promote and secure the principle of the Convention. The Committee would also welcome the inclusion of information in the Government's next report regarding measures to secure and promote equal pay taken in cooperation with employers' and workers' organizations.

6. The Government indicates that there have been no complaints of pay discrimination during the reporting period and that there are therefore no available statistics. The Committee would be grateful if the Government would provide information on the number of labour inspections carried out in employing units with regard to equal pay, the number of violations found, and the action taken.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes the information provided in the Government's report. The Committee also notes with interest that, in response to a request by the Government, the Office held a tripartite seminar on women workers' rights in Beijing in May 1996, which aimed at furthering equality of opportunity and treatment between men and women in all respects, including remuneration.

2. Article 1(a) of the Convention. In its previous comment, the Committee requested information on the measures taken to ensure that the principle of equal remuneration is applied to all payments and benefits granted over and above the minimum wage. (The Committee appreciates that these types of components of the wage package, which are paid either in cash or in kind - including overtime pay, allowances for special working conditions and environments, food subsidies, housing and other fringe benefits - are not to be taken as components of the minimum wage, in accordance with section 17 of the 1993 Regulations concerning minimum wages in enterprises and section 3 of the 1994 Circular on the implementation of the measures for the protection of minimum wages.) The purpose of this question is to determine whether there exist measures to ensure non-discrimination on the basis of sex in respect of those wage components which do not form part of the minimum wage, as it has become apparent that, in some other countries, these additional benefits have been paid or granted in such a way that constitutes discrimination on the basis of sex. In this regard, the Committee has noted that section 23 of the 1992 Act on the Protection of the Rights and Interests of Women provides that women shall be equal with men in the allotment of housing and the enjoyment of welfare benefits. Please indicate, however, whether any other measures have been taken to ensure that discrimination on the basis of sex does not occur with respect to all other types of these payments or benefits made above the minimum wage.

3. Article 1(b). The Committee notes the Government's expressed commitment to ensuring equal pay for men and women undertaking the same job, and its acceptance of the principle of equal remuneration for work of equal value, which is being facilitated by the introduction of the post and skill wage system. The Committee notes that this system, which was introduced on a trial basis in 1992, seeks to establish a basic wage system for industries through an appraisal of labour, which comprises a post assessment and an accomplishment assessment. The post assessment classifies the labour requirements of different posts on the basis of four criteria - skill, responsibility, strength and working conditions. According to the report, "skill" comprises educational level, working experience, and ability required by different posts and positions; "responsibility" measures the level of responsibility for the quality of products and services, quantity, costs and consumption, responsibility for equipment and property, safety and health, production operation and management; "strength" measures the extent of mental and physical exertion, degree of fatigue, working posture and the efficiency of working time; and "working conditions" includes: (i) the level of danger (underground, working in tunnels, high altitude, high speed, under water, maritime work and exposure to flammable and explosive materials); (ii) the level of hazard (exposure to high temperature, radiative heat, low temperatures, dust, noise and other toxic and hazardous materials); and (iii) the degree of physical and mental impairment caused by the natural environment and by different shifts (work on a plateau, an open field, maritime and flight operations, long night and rotating shifts). The assessment of accomplishment involves an analysis of a worker's skill and vocational level and the quality and quantity of labour contributed. The Committee notes that, according to the Government, this system of appraisal (which now covers some 30 million workers) will help to avoid undervaluing the amount of labour contributed in those sectors where the posts are dominated by women workers, thus guaranteeing the implementation of the principle of "to each according to his work". The Government further states that this post and skill wage system is playing the role of an objective appraisal of jobs on the basis of the work to be performed, as required by the Convention, and that it is no longer necessary to compare the different posts of men and women, as suggested by the Committee. While acknowledging that the system, as described, does not involve consideration of the sex of the worker, the Committee recalls that the aim of the Convention is to eliminate wage discrimination for women workers through ensuring equal remuneration for men and women for work of equal value, and an approach which is merely gender-neutral does not address this goal. Some elements, for example, mentioned in the criteria used to evaluate jobs in the post and skill wage system, such as those concerning working conditions, may favour men over women. Moreover, some factors which are more likely to be present in the jobs undertaken by women may not be identified and therefore not valued in such schemes, as is often the case with caring skills and responsibility, human relations skills and manual dexterity. Because the sexes do tend to be segregated in employment, the application of the Convention necessarily involves measures to compare their different work, in terms of the value of their respective jobs. In order to assess whether the wage system is affected by any sex bias, the Committee suggests that the Government examine the possibility of undertaking an analysis of the actual situation of women, in terms of their grading levels and remuneration, as compared to that of men, under the wage systems in operation. The Committee also requests the Government to provide copies of the wage structure determined by this system in a number of industries where women dominate the labour force, together with data on the numbers of women and men employed in different occupations and at different levels.

4. The Committee notes that, in line with section 2 of the 1994 Labour Act and section 2 of the Regulations concerning minimum wages in enterprises, the principle of "equal remuneration for equal work" applies to all workers, including those employed in agriculture, construction, education and health, small and medium-sized enterprises and special economic zones. As concerns measures to ensure the application of those provisions, the Committee notes that, in accordance with sections 85 and 87 of the Labour Act, the labour administrative departments of county-level governments and the relevant departments of governments at the county level or above are obliged to inspect, supervise and enforce the implementation of labour legislation in employing units. In the case of a violation of the legal rights of women and juvenile workers, the employing unit is ordered to correct the situation and to pay a fine. Where a woman's legal rights are infringed, she has the right (under section 48 of the Act on the protection of the rights and interests of women) to request a disposition from the competent department or to bring a lawsuit. Disputes between an enterprise and the workers concerning the implementation of the relevant state wages' policy can be settled by a mediation and arbitration process. The Committee requests the Government to provide, in its next report, statistics on the number of equal pay violations observed by the relevant authorities or alleged by workers.

5. Noting that the Government's second report on the implementation of the Nairobi Forward-Looking Strategies for the Advancement of Women (1994) states that the phenomenon of "equal work with unequal pay still exists in some areas and units" and that the Government's "Programme for the Development of Chinese Women (1995-2000)" highlights as a target the implementation of equal pay for equal work for both sexes in the city and countryside, the Committee hopes that the Government will provide information on any additional measures being taken or contemplated to ensure and promote pay equality, including measures taken in cooperation with the employers' and workers' organizations and the All-China Women's Federation.

6. The Committee notes the terms of the job classification and remuneration tables for government officials, furnished by the Government. It requests the Government to provide an indication of the number of women workers employed in the different grades and classification levels concerned. Please also indicate whether consideration has been given to collecting wage statistics, disaggregated by sex.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes the information contained in the Government's first report on the application of the Convention. The Committee would be grateful if the Government would provide further information on the following matters in its next report.

2. Article 1(a) of the Convention. The Committee notes that there is no general definition of "wages" in the 1994 Labour Act and that it is therefore not clear that all elements of remuneration are included within the concept of wages or remuneration as in this provision of the Convention. The Committee notes the information supplied by the Government to the 81st Session (1994) of the International Labour Conference concerning the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26). It requests the Government to indicate the measures taken to ensure that the principle of equal remuneration is applied to all payments made to workers above the minimum rate, including "any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer".

3. Article 1(b). The Committee notes that the provisions giving expression to the principle of equal remuneration call for "equal pay for equal work" for men and women (article 48 of the Constitution, section 46 of the Labour Act 1994, section 23 of the Act concerning the Protection of Rights and Interests of Women 1992, and sections 8 and 9 of the 1982 Organic Law of the Local Peoples' Congresses and Governments). The formulation used nationally thus appears to be narrower than that set out in the Convention which, in making the "value" of the work the point of comparison, extends the concept of pay equality beyond cases where men and women perform the same or similar work to the more usual situation where they undertake different work. Accordingly, the Committee requests the Government to indicate any measures taken or contemplated to reflect in legislation, the principle of the Convention. The Committee also requests the Government to provide copies of the Organic Law of the Local Peoples' Congresses and Governments, 1982.

4. Article 2. The Committee requests the Government to provide information on the criteria applied to determine the classifications and to fix corresponding wage scales for employees of the central and provincial administrations. Please also supply copies of the categories and wage scales in force in these administrations, together with an indication as to the numbers or percentages of men and women employed in the various categories.

5. The Committee notes from section 85 of the 1994 Labour Act that the labour administrative departments of the county and higher-level peoples' governments are responsible for the supervision and inspection of the labour legislation and regulations. The Committee requests the Government to furnish copies of any regulations adopted pursuant to the 1994 Labour Act (as well as any other relevant regulations or instructions adopted by government departments or by the standing committees of the people's congresses of provinces, autonomous regions and municipalities) and to provide further information on the means and procedures by which an individual or a group of women workers may submit and have determined a claim for equal pay. In addition, it requests information on the specific means by which the authorities responsible for implementing the Labour Act enforce the principle of equal pay, the number of instances of non-compliance with the principle detected or reported, and information on the outcome of those cases.

6. The Committee notes that the Government intends to apply in enterprises, a new system of wages fixed by position and skill. The Committee requests the Government to indicate how the principle of equal pay is assured in respect of workers in receipt of wages determined by enterprises under this newly instituted system. The Committee also requests the Government to furnish copies of the instructions issued to enterprises concerning this method of wage fixing and to provide some examples of the wage classifications and rates set according to this system.

7. Recalling that all workers in the economy are to be afforded the right to equal pay, the Committee requests the Government to provide information on the measures taken to apply the Convention to those workers not yet covered by either minimum wage rates or by this new system of fixing wages. Particular information is sought on the means by which the principle of equal pay is applied to women workers in agriculture, building and construction, education and health, to those working in small and medium-sized enterprises and to those working in special economic zones.

8. Article 3. The Committee has noted the information provided on the pilot programme to introduce the wage-fixing system referred to under Article 2 above. It appears from the report that, under this programme, wages are to be fixed on the basis of evaluations of a worker's quality and quantity of work, in accordance with the principle of distribution according to work, and on the basis of criteria such as level of skill, duties, intensity of work and labour conditions. Moreover, it appears that a special wage weighting will be given to two of these factors, the position held by the worker and the skill brought to the job. The Committee refers to paragraphs 57 to 58 of its 1986 General Survey on Equal Remuneration in which it observes that while the criteria of quantity and quality appear objective, only work of the same kind can be measured comparatively by these standards. Such criteria thus limit the scope of comparison to the performance of substantially identical jobs, whereas the Convention contemplates also the comparison of jobs of a different nature. While appreciating that these standards and criteria have been developed to determine a general wage system, it is not clear how they will also be applied and developed to satisfy the general principle of non-discrimination on the grounds of sex. Accordingly, the Committee requests the Government to consider including in the system, criteria which may make it possible to set wages on the basis of comparisons between the different work of men and women. In this respect, the Committee refers the Government also to paragraphs 150 to 152 of the above-mentioned General Survey. The Committee requests the Government to furnish a copy of the circular issued by the Ministry of Labour concerning the above-mentioned pilot programme.

9. In order to illustrate any progress made in reducing the wage differential, the Committee requests the Government to provide information on any surveys or studies carried out, including statistical data, on the actual wage rates paid to men and women in the economy generally, or in particular regions or sectors of employment. In this regard, the Committee requests the Government to indicate whether consideration has been given to collecting wage statistics disaggregated by sex. The Committee would also be grateful if the Government would provide information on any measures taken by the All-China Women's Federation or other women's federations to ensure and promote the application of the Convention.

10. Article 4. The Committee notes that the new wage system (referred to under Articles 2 and 3 above) - and the appraisal methods applied in respect of that system - are to be adopted in individual enterprises following consultation with the workers' congresses of those enterprises. It also notes that the principle of equality is to be observed in the making or revising of labour contracts, under section 17 of the Labour Act, 1994; and that trade unions and other relevant organizations are given a role in safeguarding women's rights and interests under section 5 of the 1992 Act concerning the Protection of the Rights and Interests of Women. The Committee requests the Government to provide information on the actual methods adopted to cooperate with workers' and employers' organizations in the application of the Convention, with particular emphasis on any positive measures taken to give effect to the principle of equal remuneration.