Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee takes note of the Government’s first report.

1. Articles 1 and 2 of the Convention. The Committee asks the Government to provide information on how the principle of equality between female and male 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" and, in particular, how it is guaranteed in relation to the emoluments expressly excluded from the definition of wages provided by the Payment of Wages Act and the Minimum Wages Ordinance.

2. The Committee notes the provisions on equality in employment set out in the Constitution and relevant laws. It would be grateful if the Government would indicate how the principle of equal remuneration for work of equal value is applied to public employees.

3. Considering that rule 14 of the Minimum Wages Rule establishing the principle of equal remuneration for work of equal value has been adopted under the Minimum Wages Ordinance, the Committee asks the Government to supply information on how the principle of equal pay for work of equal value is applied to the workers in the private sector not covered by the Minimum Wages Ordinance, including agricultural workers. Further, the Committee asks the Government to provide information on how the principle of equal pay for work of equal value is enforced in the export processing zones. The Committee asks the Government to attach with its next report copies of the orders setting the wages issued by the Minimum Wages Board.

4. The Committee notes that in both the Five-Year Development Plan and the reports presented under the UN Convention on the Elimination of All Forms of Discrimination against Women, the Government recognized the existence of wage differentials between male and female workers, particularly in the manufacturing sector. The Committee asks the Government to continue monitoring the wage gap between women and men and to take measures in order to reduce this gap, and to provide information on the remuneration gap and the results of the efforts made to reduce it.

5. Noting that article 29(3)(c) of the Constitution provides for the possibility of reserving classes of employment or offices only to women or men, the Committee would be grateful for information on the application of this provision in practice and the rates of remuneration for the occupations subject to such reservations.

6. The Committee asks the Government to supply information on how it applies the principle of equal remuneration for work of equal value in the fixing of wages. The Committee notes the Government’s statement that wages in the nationalized sector are fixed by the Wages and Productivity Commission, which is formed by the Government from "time to time". It asks the Government to clarify whether this Commission is the same as the National Workers’ Wages and Productivity Commission provided for in the State-Owned Manufacturing Industries Workers (Terms and Conditions of Service) Ordinance and set by Governmental Resolution on 26 February 1984. If not, please supply information on the manner in which the latter Commission applies the principle of equal pay. Please supply a copy of the resolution establishing the National Workers’ Wages and Productivity Commission with the next report.

7. The Committee notes the Government’s statement that in the private sector wages are also determined through collective bargaining. Therefore, it asks the Government to supply copies of relevant collective agreements. The Committee also requests the text of the Tripartite Agreement signed in January 1994 (Statutory Regulatory Order No. 14 - Minimum Wages Ordinance of 1994).

8. Article 3. The Committee asks the Government to provide information on the criteria used for the classification of posts and determination of wages, and on whether job evaluation systems are in place. Moreover, it invites the Government to collect and provide updated statistical information, disaggregated by sex, according to its 1998 general observation on this Convention.

9. Article 4. The Committee notes the Government’s statement that the determination of remuneration and wages is made in cooperation with the representatives of employers’ and workers’ organizations. In this regard, it asks the Government to submit information on how employers’ and workers’ organizations promote the implementation of the principle of equal remuneration for work of equal value in their activities.

10. Part III of the report form. The Committee notes the Government’s statement that the Directorate of Inspection for Factories and Establishments is entrusted with the enforcement and administration of different labour laws including those relating to wages. In this regard, it asks the Government to provide information on the manner in which it supervises and ensures the application of the Convention and on whether it has found any contraventions of the principle of equal pay for work of equal value and, if so, the nature of the contraventions and the remedies and sanctions applied.