Solicitud directa (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

The Committee takes note of the Government’s report. It notes that the report indicates that an annual report for the period ending on 31 May 2000 was enclosed, but that such report was not received.

1. Articles 1 and 2 of the Convention. The Committee notes the Government’s explanation that the "definition of wages as envisaged in the Payment of Wages Act (as made up to date) ... is an obligation on the part of the employers". However, the Committee notes again that the definition of "wages" in that Act, together with the Minimum Wages Ordinance, expressly exclude from their coverage certain emoluments, including (but not limited to) employer-made pension fund contributions, travelling allowances, and any "gratuity payable on discharge". Recalling that the principle of equality between men and women workers is ensured with respect not only to wages, but also to "any 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", the Committee reiterates its request to the Government to provide information on how the Convention’s principle is guaranteed in relation to the above-excluded emoluments.

2. The Committee notes the Government’s explanation that the minimum wages for agricultural workers are set by separate order. The Committee would be grateful if the Government would supply a copy of the current order in effect. The Committee reiterates its request to the Government to attach with its next report copies of the other orders setting wages issued by the Minimum Wages Board and to provide information on how the principle of equal remuneration between men and women for work of equal value is applied in the minimum wage-fixing process.

3. The Committee also notes the Government’s explanation that, for other private sector workers not covered by the Minimum Wages Ordinance, wages are determined by means of collective agreements between employers and the collective bargaining agent of the relevant establishments or through a conciliation procedure in a tripartite forum. The Committee asks the Government to forward to it such collective agreements, and at the same time to provide information on the collective bargaining process, particularly with respect to the conciliation procedure, in so far as these involve application of the principle of equal remuneration. It also reiterates its request for the text of the tripartite agreement signed in January 1994 (Statutory Regulatory Order No. 14 - Minimum Wages Ordinance of 1994).

4. The Committee welcomes the newly accorded right to form unions in the export processing zones and that wages will be determined, beginning in 2004, by means of collective bargaining. The Committee invites the Government to supply information on how the collective bargaining process in these Zones operates to ensure the principle of equal remuneration.

5. The Committee notes that the Wages and Productivity Commission and the National Workers Wages and Productivity Commission are one and the same body. The Committee reiterates its request that the resolution establishing this body be supplied to the Office, and its request for information on how the Commission applies the principle of equal remuneration for work of equal value in the fixing of wages. For instance, how does the Commission ensure against the undervaluation of work performed mainly by women?

6. Article 3. The Committee notes the Government’s explanation that the criteria employed for the classification of posts and the determination of wages are "the nature of work, qualification and skillness". The Committee would be grateful for more detailed information about how these criteria are applied in practice in wage fixing and how direct or indirect gender bias is avoided.

7. Article 4. The Committee asks the Government for details on exactly how, in practice, the employers’ and workers’ organizations promote equal pay for men and women in addition to their respective roles in the collective bargaining or statutory wage-fixing bodies.

8. The Committee notes the Government’s explanation that the Directorate of Inspection for Factories and Establishments is responsible for the enforcement of labour laws, including those relating to equal remuneration, and that Inspectors from the Directorate inspect establishments, verify records, confirm that laws are being implemented, issue notices of violations where necessary, and file cases in the court where appropriate. The Committee asks the Government for information as to the number of inspections carried out, the range of enterprises inspected, the number of violations of the principle of equal remuneration found, and steps taken to rectify the violations. At the same time, the Committee asks the Government to continue monitoring the wage gap between women and men, both by means of monitoring the activities of the Directorate and also in any other ways that it deems to be appropriate, and to take all appropriate measures in order to reduce this gap. Moreover, it once again invites the Government to collect and provide updated statistical information, disaggregated by sex, according to its 1998 general observation on the Convention.

9. The Government notes that no court decision and no decision by any other applicable tribunal involving questions of principle relating to the application of the Convention have been made during the reporting period. The Committee asks the Government to continue to monitor the courts and other tribunals, and to forward copies of such decisions as they may arise from time to time.