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Equal Remuneration Convention, 1951 (No. 100) - Pakistan (Ratification: 2001)

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Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1(b)and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls its previous comment according to which the Draft of the Employment and Service Conditions Act has a provision on equal remuneration for men and women workers for work of equal value. It notes from the Government’s report that this draft has been almost finalized in tripartite consultation at the federal level and was discussed on the provincial level, but has not been promulgated yet. The Committee asks the Government to provide information on any legislative developments regarding the Employment and Service Conditions Act, or any other legislation that would carry similar mandate on the federal and provincial levels in the private and public sectors.

Article 2(2)(a) and (b). Determination of minimum wages. Legislation. The Committee recalls that the setting of minimum wages is an important means by which the Convention is applied and helps to raise the earnings of the lowest paid, thereby having an influence on the relationship between men and women’s wages and on reducing the gender pay gap, as women predominate in low-wage employment. It further recalls that due to occupational segregation, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (see 2012 General Survey on the fundamental Conventions, paragraph 683). In this regard, the Committee recalls the adoption of a series of provincial minimum wages acts in Khyber Pakhtunkhwa in 2013, in Sindh in 2015, in Punjab in 2019 and in Balochistan in 2021. The Committee also notes the Government’s indication that minimum wages boards are tripartite and appointed by the Provincial Governments. The Committee asks the Government to ensure that the minimum wage setting process at the provincial level :

(i)is free from gender bias;
(ii)is based on objective job evaluation;
(iii)takes into account the principle of equal remuneration for men and women for work of equal value; and
(iv)does not undervalued the value of jobs where women are over represented.

The Committee asks requests the Government to provide information on provincial minimum wage pay scales by sector of the economy.

Enforcement. The Government indicates that Provincial Labour Departments (PLDs) are mandated to implement labour legislation through regular inspections of areas under their jurisdiction. The PLDs pay special attention inter alia to the elimination of gender-based discrimination, including gender-based wage discrimination. Labour inspectors are responsible to investigate cases of violation of minimum wage payment and when violation is found, it is reported to the respective courts of competent jurisdiction (Labour Courts and Appellate Tribunals), decided on merits and defaulters are fined accordingly. The Committee welcomes the Government’s indication that measures are taken to strengthen enforcement mechanisms, such as training of labour inspectors, awareness-raising activities, dissemination of information on compliance with the Convention. The Committee also notes the information regarding the work of the federal and provincial Ombudsmen. Recalling the importance of continuous efforts to enforce the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to provide information regarding the number and the issue of cases of unequal remuneration detected by the labour inspectors and dealt with by the Provincial Labour Departments, the Ombudsmen and the courts, in light of the newly adopted provincial labour law legislations. It asks the Government to continue providing information on any awareness-raising activities carried out to promote equal remuneration for work of equal value and to indicate whether such activities have been undertaken together or in consultation with, employers’ and workers’ organizations.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Legislative developments. Provinces. The Committee notes with interest the recent enactment of numerous labour laws in Balochistan, Punjab and Sindh provinces, such as the Sindh Payment of Wages Act, 2015 (Sindh Act No. VI of 2017), the Sindh Minimum Wages Act, 2015 (Act No. VIII of 2016), the Punjab Minimum Wages Act, 2019 (Act No. XXVIII of 2019), the Balochistan Minimum Wages Act, 2021 (Act No. X of 2021), the Balochistan Payment of Wages Act, 2021 (Act No. XIII of 2021), as a result of the 18th Constitutional Amendment adopted in 2010 devolving the subject of labour to the provinces while the responsibility of coordination of labour-related issues still lies with the Federal Government. The Committee asks the Government to continue to provide information on any legislative developments concerning wages and equal remuneration for men and women which give effect to the Convention.

Articles 1–4 of the Convention. Assessing and addressing the gender pay gap. The Committee notes that, according to the Global Wage Report 2018/19 published by the ILO, the mean hourly gender pay gap in Pakistan is 34 per cent and women account for almost 90 per cent of wage earners in the bottom 1 per cent but just 9 per cent in the top 1 per cent. The Committee asks the Government to collect and compile information disaggregated by sex, on the levels of remuneration of men and women, if possible, by sector of the economy or occupational category, and provide them together with any available information on the gender pay gap. It further asks the Government to take the necessary measures to address the gender pay gap, in particular measures to address gender occupational segregation, and refers in this regard to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Articles 1(a) and 2(2)(a). Definition of remuneration.Legislation. The Committee notes that section 2(1)(xix) of the Sindh Payment of Wages Act, 2015 and section 2(o) of the Balochistan Payment of Wages Act, 2021, define “wages” as including “basic pay and statutory and non-statutory allowances”, but excludes any contribution paid by the employer to any pension fund or provident fund, any travelling allowance or the value of travelling concession, any sum paid to defray special expenses, any annual bonus or any sums payable on discharge. In its previous observations, the Committee also noted that the Khyber Pakhtunkhwa Payment of Wages Act, 2013 (Act No. IX of 2013) had a similar definition of “wages”. The Committee recalls that Article 1(a) of the Convention, for the purpose of implementing the principle of equal remuneration for men and women for work of equal value, provides a broad definition of “remuneration” which includes not only the ordinary, basic or minimum wage or salary, but also “any additional emoluments whatsoever payable directly or indirectly by the employer to the worker and arising out of the worker’s employment”. This definition also captures payments or benefits whether received regularly or only occasionally. It covers among others cost-of-living allowances, dependency allowances, travel allowances, housing and residential allowances, vacation allowances as well as allowances paid under social security schemes financed by the undertaking or industry concerned (see the 2012 General Survey on the fundamental Conventions, paragraphs 686, 687 and 691–692). In order to fully apply the principle of equal remuneration for men and women for work of equal value, the Committee requests the Government to ensure that the provincial governments of Balochistan, Khyber Pakhtunkhwa and Sindh provinces: (i) take into account all the elements included in the definition of “remuneration”, in accordance with Article 1(a) of the Convention, including emoluments “payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”; and (ii) envisage amending the above laws accordingly.

Articles 1(b) and 2(2)(a). Equal remuneration for work of equal value. Legislation. The Committee notes with interest that the Balochistan Payment of Wages Act, 2021, includes provisions on equal remuneration for the same work or work of a similar nature and work of equal value (section 7) and defines work of equal value(section 2(p)). The Committee notes however that other provincial labour laws previously adopted, such as the Khyber Pakhtunkhwa Payment of Wages Act, 2013, and the Sindh Payment of Wages Act, 2015, do not contain any provisions on equal remuneration for men and women for work of equal value. Further, the Committee notes that section 21 of the Punjab Minimum Wages Act, 2019, and section 18 of the Sindh Minimum Wages Act, 2015, prohibit wage discrimination based on sex. The Committee urges the Government to ensure that the Khyber Pakhtunkhwa Payment of Wages Act, 2013 and the Sindh Payment of Wages Act, 2015, as well as other any other provincial acts on wages, are amended to give full expression the principle of equal remuneration for men and women for work of equal value.The Committee asks the Government to provide information on the implementation of the Balochistan Payment of Wages Act, 2021, and its impact on the elimination of the gender wage gap in the province.

Articles 2 and 3. Objective job evaluation. The Committee recalls that, in its previous observation, it encouraged the Government to take measures to ensure that objective job evaluation on the basis of the work performed is integrated into any new provincial labour legislation. In that regard, the Committee notes with interest that the Balochistan Minimum Wages Act, 2021, defines “job appraisal scheme” as “the scheme evolved and introduced by the industry concerned with the approval of the Government for objective appraisal for determination of wage differentials without regard to sex, to ensure the enforcement of the principle of equal remuneration for male and female workers for work of equal value”. It also provides that a comprehensive objective job evaluation scheme “shall in particular take care of gender equality in matters regarding equal remuneration for male and female workers for work of equal value” (section 17). The Committee further notes the Government’s indication that the reform of the Minimum Wages Ordinance, 1961, is planned. Concerning the Government’s indication that job evaluation is the prerogative of the employer, the Committee recalls that objective job evaluation is concerned with assessing the relative value of jobs with varying content on the basis of the work to be performed, not the performance of an individual worker carrying out his or her job. It is a systematic process which, through analysing the content of different jobs, gives a numerical value to each job. Two jobs found to have the same overall numerical value are entitled to equal remuneration. Objective job evaluation is concerned with evaluating the job and not the individual worker (see the 2012 General Survey on the fundamental Conventions, paragraphs 696 and 700). The Committee requests the Government: (i) to take measures to ensure that the use of objective job evaluation methods based on work performed is provided for in the provincial labour legislation of Islamabad Capital Territory, Khyber Pakhtunkhwa, Punjab and Sindh; and (ii) to provide information on any developments in this regard, including on measures taken to develop and implement objective job appraisal methods for use in both the public and private sectors. It also asks the Government to provide information, including statistical data, on the implementation of the Balochistan Minimum Wages Act, 2021, sections 2(i) and 17 in practice.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 1 of the Convention. Legislation. The Committee notes the Government’s indication that constituent consultations for the draft Employment and Service Conditions Act have been concluded at the federal level, and have been forwarded to the provincial governments for adoption. It notes the Government’s indication that after the constitutional amendment, the federal government now plays the role of the facilitator, providing technical assistance to provincial governments to “provincialize” existing federal labour legislations. The Committee notes that a federal tripartite consultation committee has been established at the federal level, its functions including the monitoring of legislative and administrative steps taken by provincial governments to implement the principles of the Convention. It also notes that offices of the Ombudsperson have been established at both the federal and provincial levels. Noting the unique opportunities and challenges presented by this devolution process, the Committee also emphasizes the importance of training provincial labour inspectors to increase their capacity to prevent, detect and remedy violations of the principles of the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 875). The Committee requests the Government to provide more information regarding the work of the tripartite consultation committee established at the federal level, as well as a copy of the finalized draft Employment and Service Conditions Act that has been forwarded to the provincial governments. The Committee also requests more information regarding the mandate and activities of the Offices of the Ombudsperson at the federal and provincial levels.

Article 2(2). Enforcement. The Committee notes that the Pakistan Workers Confederation (PWF) stresses in its observation the need to amend relevant legislation with a view to ensuring its effective enforcement in both the public and the private sectors including through an independent labour inspection mechanism. The Committee notes the Government’s statement that no complaints have been filed with the Offices of the Ombudsperson nor the labour courts regarding issues related to the principles covered under this Convention. In this regard, the Committee wishes to recall that no society is free from discrimination, and that continuous action is required to address it (see General Survey on the fundamental Conventions, 2012, paragraph 731). Noting the increased participation of women in the labour market with greater awareness of the need to eliminate gender discrimination in work, and noting the unique opportunities and challenges presented by the devolution process in response to the constitutional amendment mentioned above, the Committee emphasizes the importance of training provincial labour inspectors to increase their capacity to prevent, detect and remedy violations of the principles of the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 875) and to raise awareness of workers’ and employers’ organizations at the provincial level. The Committee also recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, a lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey on the fundamental Conventions, 2012, paragraph 870). Consequently, the Committee requests the Government to provide information on concrete measures taken with a view to strengthening the mechanisms to enforce the principle of equal remuneration for men and women for work of equal value, including measures taken to adequately train the labour inspectorate and judges at the provincial level, as well as awareness-raising activities for the general public. The Committee also requests the Government to provide information on measures taken to ensure that workers who believe their right to equal remuneration for work of equal value has been violated may effectively seek redress, and to provide information on any complaints made to relevant authorities concerning the application of the principles of this Convention.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Pakistan Workers’ Federation (PWF) received on 19 October 2017, referring to the need to revisit existing labour laws, and to ensure follow-up at the national and provisional levels. The Committee observes that the PWF refers to points previously raised by the Committee and requests the Government to provide its comments in this respect.

The Committee notes the observations by the Pakistan Workers Confederation (PWC), received on 11 November 2013.

Legislative developments. The Committee notes the 18th Constitutional Amendment, which devolved the power to enact laws related to labour from the Federal Parliament to the provincial governments. It further notes that existing federal laws remain in force until provincial laws are enacted and that a tripartite consultation committee has been established at the federal level to facilitate the implementation of the Convention by provincial governments. The Committee requests the Government to provide information on any development in this respect, in particular on the measures adopted by the tripartite consultation committee with regard to the adoption by the provinces of legislation for the implementation of the Convention.

Articles 1 and 2(2)(a) of the Convention. Legislation. Definition of remuneration. The Committee notes the Khyber Pakhtunkhwa Government’s Payment of Wages Act (2013), section 2(xiv), which defines wages as including all basic pay and statutory and non-statutory allowances, but excludes any contribution paid by the employer to any pension fund or provident fund, any travelling allowance or the value of travelling concession, any sum paid to defray special expenses, any annual bonus or any sums payable on discharge. The Committee recalls that Article 1(a) of the Convention provides a broad definition of remuneration which includes not only the ordinary, basic or minimum wage or salary, but also “any additional emoluments whatsoever payable directly or indirectly by the employer to the worker and arising out of the worker’s employment”. The definition also captures payments or benefits whether received regularly or only occasionally. It covers among others cost-of-living allowances, dependency allowances, travel allowances, housing and residential allowances, vacation allowances as well as allowances paid under social security schemes financed by the undertaking or industry concerned (see General Survey on the fundamental Conventions, 2012, paragraphs 686, 687 and 690). In order to fully apply the principle of equal remuneration for men and women for work of equal value, the Committee requests the Government to ensure that the Government of Khyber Pakhtunkhwa takes into account all the elements included in the definition of “wage” in section 2(xiv) of the Payment of Wages Act, as well as any other additional emoluments whatsoever.

Equal remuneration for work of equal value. The Committee notes that section 26 of the Khyber Pakhtunkhwa Government’s Payment of Wages Act (2013) provides that “there shall be no discrimination on the basis of gender, religion, sect, colour, caste, creed, ethnic background in the wages and other benefits for work of equal value.” The Committee requests the Government to provide information on the implementation of the Khyber Pakhtunkhwa Government’s Payment of Wages Act (2013) and its impact on the elimination of the gender wage gap. The Committee further requests the Government to provide information on measures taken to ensure that any new labour laws enacted by the other provinces give full expression to the principle of equal remuneration for men and women for work of equal value, allowing comparisons of jobs which are of an entirely different nature, but which are nevertheless of equal value, and that this principle applies both in the public and the private sectors, as well as to all aspects of remuneration, as broadly defined in Article 1(a) of the Convention.

Article 2(2)(b). Minimum wages. The Committee recalls that in its previous observation it had requested the Government to ensure that the setting of minimum wages was free from gender bias. The Committee notes in this respect that section 10 of the Minimum Wages Notification (2012) issued by the Khyber Pakhtunkhwa Government’s Minimum Wages Board stipulates that “An adult female worker shall get the same minimum wages as a male worker receives for work of equal value.” The Committee notes that section 18 of the Khyber Pakhtunkhwa Government’s Minimum Wages Act (2013), which enumerates the prohibited grounds of discrimination for the purposes of the Act, does not include sex. The Committee recalls that there is a tendency to set lower wage rates for sectors predominantly employing women and, due to such occupational segregation, particular attention is needed in setting sectorial minimum wages to ensure that the rates fixed are free from gender bias. The Committee requests the Government to indicate how these two provisions are articulated in order to ensure that minimum wage setting in the province of Khyber Pakhtunkwa is free from gender bias. The Committee further requests the Government to provide information on measures taken to ensure that the setting of minimum wages by other provinces is free from gender bias.

Articles 2 and 3. Objective job evaluation. The Committee notes that according to the PWC, most employers do not utilize objective job appraisal schemes. The Committee notes that in its report, the Government refers to the work of the Provincial Women Development Departments, which includes awareness campaigns as well as workshops leading to the preparation of gender responsive policies. It notes that the Provincial Women Development Departments have also established task forces to monitor organizations to ensure the payment of equal remuneration. The Committee encourages the Government to take measures to ensure that objective job appraisals on the basis of work performed are integrated into the new provincial labour legislations and to provide information on any developments in this regard, including measures taken by the Provincial Women Development Departments in developing and implementing objective job appraisal mechanisms for use in both the public and private sectors.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1 of the Convention. Legislation. The Committee notes the Government’s indication that constituent consultations for the draft Employment and Service Conditions Act have been concluded at the federal level, and have been forwarded to the provincial governments for adoption. It notes the Government’s indication that after the constitutional amendment, the federal government now plays the role of the facilitator, providing technical assistance to provincial governments to “provincialize” existing federal labour legislations. The Committee notes that a federal tripartite consultation committee has been established at the federal level, its functions including the monitoring of legislative and administrative steps taken by provincial governments to implement the principles of the Convention. It also notes that offices of the Ombudsperson have been established at both the federal and provincial levels. Noting the unique opportunities and challenges presented by this devolution process, the Committee also emphasizes the importance of training provincial labour inspectors to increase their capacity to prevent, detect and remedy violations of the principles of the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 875). The Committee requests the Government to provide more information regarding the work of the tripartite consultation committee established at the federal level, as well as a copy of the finalized draft Employment and Service Conditions Act that has been forwarded to the provincial governments. The Committee also requests more information regarding the mandate and activities of the Offices of the Ombudsperson at the federal and provincial levels.

Article 2(2). Enforcement. The Committee notes that the Pakistan Workers Confederation (PWF) stresses in its observation the need to amend relevant legislation with a view to ensuring its effective enforcement in both the public and the private sectors including through an independent labour inspection mechanism. The Committee notes the Government’s statement that no complaints have been filed with the Offices of the Ombudsperson nor the labour courts regarding issues related to the principles covered under this Convention. In this regard, the Committee wishes to recall that no society is free from discrimination, and that continuous action is required to address it (see General Survey on the fundamental Conventions, 2012, paragraph 731). Noting the increased participation of women in the labour market with greater awareness of the need to eliminate gender discrimination in work, and noting the unique opportunities and challenges presented by the devolution process in response to the constitutional amendment mentioned above, the Committee emphasizes the importance of training provincial labour inspectors to increase their capacity to prevent, detect and remedy violations of the principles of the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 875) and to raise awareness of workers’ and employers’ organizations at the provincial level. The Committee also recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, a lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey on the fundamental Conventions, 2012, paragraph 870). Consequently, the Committee requests the Government to provide information on concrete measures taken with a view to strengthening the mechanisms to enforce the principle of equal remuneration for men and women for work of equal value, including measures taken to adequately train the labour inspectorate and judges at the provincial level, as well as awareness-raising activities for the general public. The Committee also requests the Government to provide information on measures taken to ensure that workers who believe their right to equal remuneration for work of equal value has been violated may effectively seek redress, and to provide information on any complaints made to relevant authorities concerning the application of the principles of this Convention.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations by the Pakistan Workers Confederation (PWC), received on 11 November 2013

Article 2(2)(a) of the Convention. Legislation. Definition of remuneration. The Committee notes the Khyber Pakhtunkhwa Government’s Payment of Wages Act (2013), section 2(xiv), which defines wages as including all basic pay and statutory and non-statutory allowances, but excludes any contribution paid by the employer to any pension fund or provident fund, any travelling allowance or the value of travelling concession, any sum paid to defray special expenses, any annual bonus or any sums payable on discharge. The Committee recalls that Article 1(a) of the Convention provides a broad definition of remuneration which includes not only the ordinary, basic or minimum wage or salary, but also “any additional emoluments whatsoever payable directly or indirectly by the employer to the worker and arising out of the worker’s employment”. The definition also captures payments or benefits whether received regularly or only occasionally. It covers among others cost-of-living allowances, dependency allowances, travel allowances, housing and residential allowances, vacation allowances as well as allowances paid under social security schemes financed by the undertaking or industry concerned (see General Survey on the fundamental Conventions, 2012, paragraphs 686, 687 and 690). In order to fully apply the principle of equal remuneration for men and women for work of equal value, the Committee requests the Government to ensure that the Government of Khyber Pakhtunkhwa takes into account all the elements included in the definition of “wage” in section 2(xiv) of the Payment of Wages Act, as well as any other additional emoluments whatsoever.

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

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Legislation. The Committee recalls its previous comments stressing that provisions intended to give effect to the Convention should give full expression to the principle of equal remuneration for men and women for work of equal value, and asking the Government to continue its efforts to put in place legislation giving effect to the Convention and to ensure that the draft Employment and Service Conditions Act is in full conformity with the Convention. It also recalls that the principle of equal remuneration for men and women for work of equal value applies to both the public and private sectors. The Committee notes from the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) that the draft Employment and Service Conditions Act will be sent to the provinces for consideration. The Committee asks the Government to provide information on the measures taken to ensure that legislation giving effect to the Convention provides for equal remuneration for men and women for work of equal value, allowing comparisons of jobs which are of an entirely different nature, but which are nevertheless of equal value, and that the equal remuneration principle applies both in the public and private sectors, as well as to all aspects of remuneration, as broadly defined in Article 1(a) of the Convention. It also asks the Government to provide information on any progress made toward the adoption of the draft Employment and Service Conditions Act, and a copy of the Act, as soon as it is adopted.

Minimum wages. The Committee recalls its previous comments that the tripartite nature of the Provincial Minimum Wages Board, while important, does not in itself ensure that wage rates for categories of work predominately performed by women are not set at lower levels than the rates for work predominantly performed by men, where the work performed by men and women is, in fact, of equal value. The Committee notes that the Government reiterates that the same wages apply to the same job for men and women. The Committee recalls that there is a tendency to set lower wage rates for sectors predominantly employing women, and due to such occupational segregation, particular attention is needed in setting sectoral minimum wages to ensure that the rates fixed are free from gender bias. The fact that the same wages apply to the same jobs for men and women is not sufficient to ensure that the wage determination process is free from gender bias. The Committee therefore asks the Government to provide information on how it is ensured that the setting of minimum wages is free from gender bias, and to indicate any steps taken in this regard in cooperation with employers’ and workers’ organizations, in order to promote and ensure the principle of equal remuneration for men and women for work of equal value. The Committee also asks the Government to provide copies of the minimum wage notifications currently in force, and to indicate in which of the occupational groups covered women tend to be predominantly employed.

Awareness raising and training. The Committee notes the Government’s indication that various training programmes are being initiated in collaboration with the ILO, and employers’ and workers’ organizations; in particular, the Skill Development Council provides training on gender and women in various trades. The Government also indicates that the National Vocational and Technical Training Commission (NAVTEC), the Technical Education and Vocational Training Authority (TEVTA) and other provincial organizations are working in the field to strengthen the capacity of female workers so that their remuneration does not remain less than that of men. The Committee asks the Government to provide more detailed information on the training activities provided by the Skill Development Council, the NAVTEC and the TEVTA, including the number of courses and participants, disaggregated by sex, and the results achieved in terms of participants finding appropriate employment. It also asks the Government to provide examples of the training materials used as regards the principles of equal remuneration for men and women for work of equal value. Further, please indicate any activities specifically implemented for employers, and whether any of these activities have addressed the issue of objective job evaluation.

Cooperation with employers’ and workers’ organizations. The Committee had previously noted that the Government had closely cooperated with the employers’ and workers’ organizations in the preparation of the Labour Protection Policy (2006), and that as a follow-up to this policy, the Government had started studies on a number of important issues, including the links between working and living conditions and productivity, labour protection in the informal economy, and the effectiveness of the labour administration. It notes the Government’s indication that the studies were forwarded to the provinces for implementation and legislation. However, the Government does not indicate whether the issues relating to the principle of equal remuneration for men and women for work of equal value have been examined in the context of these studies. The Committee asks the Government to provide information on how it is ensured that, when the provinces implement and legislate in respect of the studies, issues relating to the principle of equal remuneration for men and women for work of equal value are effectively addressed, with the cooperation of employers’ and workers’ organizations.

Statistical information. The Committee notes the Government’s indication that statistical information on the levels of remuneration of men and women working in the different sectors of the economy is rarely collected by the relevant authorities. Recalling that statistical information on the levels of remuneration of men and women working in the different sectors of the economy is needed to allow an adequate assessment of the nature and extent of the remuneration gap between men and women, as well as to monitor progress with regard to promoting and ensuring respect for the principle of equal remuneration, the Committee asks the Government to take steps to compile and analyse such statistical information.

Enforcement. The Committee notes the Government’s indication that the provincial wages inspectors and payment of wages authorities have dealt with cases relating to wages and payment of wages to the workers in general, and it is proposed that a study in this regard may be initiated in consultation with the ILO. The Government also states that no court of law or tribunal has given a decision involving the question of principle relating to the application of the Convention. The Committee also recalls the comments from the Pakistan Workers’ Federation (PWF) stressing the need to amend the relevant legislation with a view to ensuring its effective enforcement by the labour inspection services, to which no reply has been provided by the Government. The Committee asks the Government to provide information on any cases dealt with by the competent bodies including the labour courts, concerning the application of the principle of equal remuneration for men and women for work of equal value, as well as any progress made with regard to initiating the study concerning the principle under the Convention. It once again encourages the Government to take appropriate measures with a view to strengthening the mechanisms to enforce the principle of equal remuneration for men and women for work of equal value, including the provision of training for the labour inspectorate and for judges, as well as awareness-raising activities for the general public, and to indicate the measures taken in this regard.

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

The Committee notes the communication from the Pakistan Workers’ Federation, received 31 August 2010 stressing the need to amend the relevant legislation with a view to protecting workers against wage discrimination based on sex, and to ensure the effective enforcement of the legislation by the labour inspection services. The Committee asks the Government to reply to the communication from the Pakistan Workers’ Federation.

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Articles 1 and 2 of the Convention. Legislation. The Committee recalls that since the Convention’s ratification by Pakistan, it has been commenting on the importance of enacting legislation to ensure the effective application of the Convention. In this regard, the Committee notes the Government’s indication that a draft “Employment and Service Conditions Act” has been prepared which includes provisions on equal remuneration for men and women. The Committee stresses that provisions intended to give effect to the Convention should give full expression to the principle of equal remuneration for men and women for work of equal value. In particular, the provisions should not be limited to providing equal remuneration for “equal”, the “same” or “similar” work, but should also provide for equal remuneration for men and women for work that is of an entirely different nature, but which is nevertheless of equal value. In addition, the legislation should ensure that this equal remuneration principle applies to all aspects of remuneration, as broadly defined in Article 1(a) of the Convention. The Committee asks the Government to continue its efforts to put in place legislation giving effect to the Convention and to ensure that this legislation is in full conformity with the Convention.

Minimum wages. In its previous observation, the Committee asked the Government to provide information on the specific and practical measures taken to ensure that minimum wages are set in accordance with the principle of equal remuneration for men and women for work of equal value. In reply, the Government states that in view of the presence of employers, workers and government representatives on the provincial minimum wages boards, care has been taken to ensure that no bias is shown as regards jobs predominately performed by women. The Committee considers that the tripartite nature of the Provincial Minimum Wages Board, while important, does not in itself ensure, that wage rates for categories of work predominately performed by women are not set at lower levels than the rates for male-dominated work where the work performed by men and women is, in fact, of equal value. The Committee therefore encourages the Government, in cooperation with employers’ and workers’ organizations to examine the functioning of the mechanisms for the setting of minimum wages in the light of the need to promote and ensure the principle of equal remuneration for men and women for work of equal value, and to indicate any steps taken in this regard. The Committee also asks the Government to provide copies of the minimum wage notifications currently in force, and to indicate which of the occupational groups covered tend to be female dominated.

Awareness raising and training. The Committee notes the Government’s statement that the Directorate of Workers’ Education under the Ministry of Labour, Manpower and Oversees Pakistanis, the National Institute of Labour Administration and Training and the Industrial Relations Institute are undertaking education and training activities for workers through seminars, workshops and training courses, including activities relating to the Convention. The Committee asks the Government to provide more detailed information on these training activities, including the number of courses and participants, as well as examples of the training materials used as regards the principles of equal remuneration for men and women for work of equal value. Further, please indicate any activities specifically implemented for employers, and whether any of these activities have addressed the issue of objective job evaluation.

Cooperation with employers’ and workers’ organizations. The Committee recalls that the Government has closely cooperated with the employers’ and workers’ organizations in the preparation of the Labour Protection Policy (2006). It notes the comments received from the Pakistan Workers’ Federation on the dialogue held with the Government and the Employers’ Federation of Pakistan on strengthening the labour inspection machinery. The Committee also notes that, as a follow-up to the labour protection policy, the Government has started studies on a number of important issues, including the links between working and living conditions and productivity, labour protection in the informal economy, and the effectiveness of the labour administration. Trusting that these studies will provide an opportunity to examine issues relating to the principle of equal remuneration for men and women for work of equal value, and identify measures to strengthen its application, the Committee asks the Government to provide information on the measures taken with a view to examining the issue of equal remuneration in the context of the abovementioned studies, and the results of these studies, once available.

Statistical information. The Committee notes that the Government has not yet provided statistical information on the earnings of men and women. Recalling that statistical information on the levels of remuneration of men and women working in the different sectors of the economy is an important means to monitor progress with regard to promoting and ensuring respect for the principle of equal remuneration, the Committee asks the Government to indicate to what extent such data are being collected and published.

Enforcement. The Committee notes the Government’s indication that under the Payment of Wages Act, 1936, provincial governments have appointed inspectors who can examine documents relating to the calculation of wages and payment of wages. Further, the provincial payment of wages authorities can hear and decide any matter relating to the payment of wages. The Committee concludes from the indications given in the Government’s report, that the labour inspectorate and the labour courts have apparently not yet addressed any cases concerning violations of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to indicate whether the provincial wages inspectors and payment of wages authorities have dealt with any cases involving equal remuneration for work of equal value, and to continue to provide information on any such cases that might have been dealt with by other competent bodies, including the labour courts. The Committee encourages the Government, in addition to including equal remuneration provisions in the legislation, to take appropriate measures with a view to strengthening the mechanisms to enforce the principle of equal remuneration for men and women for work of equal value, and to indicate the measures taken in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Legislation. The Committee notes the list of legislation relating to remuneration indicated in the Government’s report. Please clarify whether West Pakistan Minimum Wage Rules, 1962, are still in force and, if so, please provide information on how it is applied in practice.

2. Public sector. The Committee notes the Government’s statement that in the public sector remuneration is based on the grade of the employee. The Committee asks the Government to provide the legislation governing remuneration in the public sector. Please indicate how the principle of the Convention has been taken into account in the establishment of the grade structures and in the determination of remuneration levels for the different categories or branches of public employment.

3. Minimum wages. The Committee notes that notification of minimum wage rates for 52 industries was given on 5 June 2006. The Government is asked to provide the texts of the presently applicable minimum wage notifications.

4. Statistical information. The Government’s report did not include any statistical information. The Committee, therefore, asks the Government once again to provide statistical information on remuneration, disaggregated by sex and, as far as possible, in accordance with the Committee’s general observation of 1998.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Noting that the Government’s brief report provides very little information in reply to the specific requests for information made by the Committee concerning a number of matters, the Committee once again draws the Government’s attention to a number of issues that would need to be further examined and addressed with a view to ensuring the application of the Convention, in law and in practice.

2. The Committee previously noted that the Minimum Wage Ordinance, 1961, provides for minimum wages for the different categories of workers in industrial undertakings without distinction on the ground of sex. It contains, however, no specific provisions on equal remuneration for men and women for work of equal value. The Committee also recalls that the 2005 Labour Protection Policy commits the Government to making gender equality with regard to pay and wage systems a key component of the new policies concerning conditions of work. The Policy further states that minimum wages and above-minimum wages will be paid on the basis of equal pay for equal work, and equal pay for work of equal value, as between men and women.

3. The Committee observes that while minimum wage setting is an important means to promote equal pay for women and men, appropriate measures must be taken to ensure that the principle of equal remuneration for men and women for work of equal value is effectively taken into account in the minimum wage setting process. Where different minimum wage rates are set for different occupations or categories of workers, it is particularly necessary to have safeguards in place to ensure that work predominately performed by women is not undervalued as a result of gender bias. This is necessary to ensure that wage rates for categories of work predominately performed by women are not set at lower levels than the rates for male-dominated work where the work performed by men and women is, in fact, of equal value. The Committee draws the Government’s attention to its 2006 general observation which elaborates further on this issue. In addition, the Committee is concerned about the application of the Convention’s principle in sectors in which the minimum wage legislation does not apply, including in the agricultural sector, and with respect to wages which are above the minimum level.

4. The Committee considers that the Labour Protection Policy illustrates the Government’s commitment with regard to promoting equal remuneration for men and women, but that it now needs to be followed up by concrete action to promote and ensure the full application of the Convention’s principle in law and in practice. The Committee considers it particularly important that an appropriate legal framework be put in place. Awareness raising and training on the meaning of the principle of equal remuneration as defined in the Convention are also essential.

5. In relation to the above, the Committee asks the Government:

(a) to provide information on the specific and practical measures taken to ensure that minimum wages are set in accordance with the principle of equal remuneration for men and women for work of equal value, as envisaged under the Labour Protection Policy;

(b) to initiate preparations for the enactment of provisions providing for the general application of the principle of equal remuneration for men and women for work of equal value, as envisaged by Paragraph 3 of the Equal Remuneration Recommendation, 1951 (No. 90), and to provide information in its next report on the steps taken to this end;

(c) to provide information on any awareness-raising and training activities carried out to promote a full understanding of the meaning and the implications of the Convention’s principle among relevant government officials, as well as workers’ and employers’ organizations.

6. Enforcement. In its previous comments, the Committee asked the Government to provide information on the specific measures taken by the competent authorities to ensure the application of the principle of equal remuneration for work of equal value and on the mechanisms and procedures available for victims of pay discrimination. In this regard, the Government indicated that effective inspection services were working under the auspices of the Directorate of Labour Welfare at the provincial level to enforce the Convention. In addition, the labour courts were able to redress grievances relating to unequal treatment. The Committee asks the Government to provide detailed information on any cases relating to the principle of equal remuneration for men and women for work of equal value dealt with by the labour inspection services or the labour courts.

7. Objective job evaluation. The Committee notes that the information provided by the Government concerning the application of Article 3 of the Convention relates to the appraisal of the performance of individual civil servants, rather than to objective job evaluation within the meaning of Article 3. The Committee recalls that objective job evaluation, as envisaged under this Article of the Convention, refers to the analysis of the content of specific jobs or positions on the basis of objective criteria. Recalling that objective job evaluation is an important tool to ensure that remuneration rates are determined in accordance with the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to state what methods have been adopted to promote the objective evaluation of jobs on the basis of the work performed in the private and public sectors.

8. Cooperation with workers’ and employers’ organizations. The Committee previously noted that the Government closely cooperated with workers’ and employers’ organizations in the preparation of the Labour Protection Policy, 2005. It asks the Government to provide information on how it is seeking the cooperation of workers’ and employers’ organizations in the follow-up to the elements on equal remuneration set out in the Labour Protection Policy with a view to achieving their full implementation.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Further to its observation, the Committee asks the Government to provide additional information on the following points.

2. Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes that section 15 of the West Pakistan Minimum Wage Rules, 1962, provides that "in fixing minimum rates of wages, the principle of equal remuneration for men and women for work of equal value shall be applied". The Committee asks the Government to provide information on how section 15 of West Pakistan Minimum Wage Rules, 1962, is applied in practice and on any measures taken or envisaged to adopt equal remuneration provisions in accordance with the Convention at the federal level with a view to ensuring that the principle of equal remuneration for work of equal value is applied to all workers and in respect to all aspects of remuneration, as defined in Article 1(a) of the Convention.

3. Definition of remuneration. The Committee notes that the Minimum Wage Ordinance, 1961, excludes certain payments from the definition of wages. In this regard, the Committee notes that the principle of equal remuneration for work of equal value as contained in the Convention applies to all aspects of remuneration, including the basic or minimum wage and any other emoluments whatsoever, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment (Article 1(a)). Under the Convention, equality must therefore be ensured also in respect to contributions paid by the employers to social security schemes, allowances, bonuses and other benefits. The Committee asks the Government to provide information on the measures taken to ensure, in law and in practice, that all aspects of remuneration are paid to men and women on an equal basis.

4. Article 2 of the Convention. Minimum wages. In addition to the Minimum Wage Ordinance, 1991, the Committee notes the West Pakistan Minimum Wages Rules, 1962, and the Pakistan Minimum Wages for Unskilled Workers Ordinance, 1969. The Committee asks the Government to provide a detailed list of the federal and provincial laws and regulations concerning remuneration currently in force, as well as copies of the decisions regarding minimum wage rates for the various categories of workers.

5. Article 3. Objective job evaluation. The Committee notes the Government’s statement that, in the public sector, evaluation of employees was done through annual confidential reports. The Committee draws the Government’s attention to the fact that, in referring to objective appraisal of jobs, the Convention envisages the adoption of methods to evaluate the value of jobs on the basis of the work performed, i.e. the content of the job. Such evaluations should be based on objective criteria unrelated to the worker’s sex, such as the level of skills or qualifications required, responsibilities, working conditions or the complexity of the tasks involved. Objective job evaluation is an important tool to ensure that remuneration rates are determined in accordance with the principle of equal remuneration for men and women workers for work of equal value. The Committee therefore asks the Government to indicate what methods have been adopted to promote an objective evaluation of jobs on the basis of the work performed in the private and public sectors.

6. Article 4. Cooperation with workers’ and employers’ organizations. The Committee understands that the Government collaborated closely with the social partner in the preparation of its Labour Policy, 2002, and the Labour Protection Policy, 2005. It asks the Government to continue to provide information on its cooperation with workers’ and employers’ organizations with a view to giving effect to the provisions of the Convention.

7. Part V of the report form. Statistical information. The Committee asks the Government to provide statistical information on remuneration, disaggregated by sex, and as far as possible, in accordance with the Committee’s general observation of 1998 (attached for ease of reference).

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s first report and recalls the comments sent by both the International Confederation of Free Trade Unions (ICFTU) and the All Pakistan Federation of Trade Unions, dated 18 September 2001 and 9 July 2003, respectively. The All Pakistan Federation of Trade Unions stressed the need to adopt legislation and establish effective labour inspection services in order to enforce the Convention. The ICFTU alleged that women did not always receive equal treatment with their male counterparts in terms of pay and benefits.

2. The Committee notes the Government’s indication that the Minimum Wages Ordinance, 1961, provides for equal minimum wages for the different categories of workers in industrial undertakings without distinction on the ground of sex. However, while the Committee notes that the setting of minimum wages is an important means of applying the Convention, it also notes that this legislation contains no specific provisions on equal remuneration for men and women for work of equal value.

3. In this context, the Committee notes that the Labour Protection Policy prepared by the Government in 2005 states that gender equality with regard to pay and wage systems will be a key component of the Government’s new policy in the field of wages. The policy further envisages that minimum and above minimum wages will be paid on the basis of equal pay for equal work, and equal pay for work of equal value between men and women. The Committee also notes that the ILO Decent Work Country Programme in Pakistan includes measures to strengthen the application of the Convention. It looks forward to receiving information on the specific measures taken or envisaged to implement the Government’s commitments and policies and on the progress made in strengthening the application of the Convention in law and practice.

4. Noting that the Government’s brief report has not yet enabled the Committee to examine fully the application of the Convention in Pakistan, the Committee asks the Government to provide additional information on the following points: (1) the application of the Convention in respect to workers not covered by minimum wage legislation, such as agricultural workers and government employees; (2) how it is ensured that the Convention’s principle is applied not only to wages but also to all aspects of remuneration as defined in Article 1(a) of the Convention; (3) how the principle of the Convention is taken into account in collective agreements; (4) the specific measures taken by the competent authorities to ensure the application in practice of the principle of equal remuneration for work of equal value; and (5) the mechanisms and procedures available for victims of pay discrimination.

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

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee recalls the comments sent by both the International Confederation of Free Trade Unions (ICFTU) and the All Pakistan Federation of Trade Unions, dated 18 September 2001 and 9 July 2003 respectively. The All Pakistan Federation of Trade Unions stresses the need to adopt legislation and establish effective labour inspection services in order to enforce the Convention. The ICFTU alleged that women did not always receive equal treatment with their male counterparts in terms of pay and benefits. Noting that the Government’s first report has not been received, the Committee hopes that the Government will make every effort to supply the report in the very near future, including any comments the Government may wish to make in reply to the observations made by the abovementioned workers’ organizations.

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

The Committee notes the comments sent by both the International Confederation of Free Trade Unions (ICFTU) and the All Pakistan Federation of Trade Unions, dated 18 September 2001 and 9 July 2003 respectively, which contain information concerning the need to adopt legislation to enforce the Convention and disparities in remuneration levels between men and women for work of equal value. These comments were forwarded to the Government on 26 October 2001 and 5 September 2003 respectively, and the Committee will address them at its next session along with any replies received from the Government. The Committee also notes that the Government’s first report has not been received, and it hopes that the Government will make every effort to supply the report in the very near future.