Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 100) sur l'égalité de rémunération, 1951 - République démocratique populaire lao (Ratification: 2008)

Autre commentaire sur C100

Observation

2023

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Articles 1(b) and 2(2)(a) of the Convention. Work of equal value. Legislation. The Committee notes the Government’s indication, in its report, that it considers the Law on the Development and Protection of Women of 2004 (LDPW) to be compliant with the principle of the Convention. However, the Committee recalls that section 15 of the LDPW provides for equal remuneration “for men and women who perform the same work’s value at the same labour unit”. The Committee also notes that new section 104 of the Labour Law 2014 only provides for equal salaries or wages between men and women. The Committee therefore once again draws the attention of the Government to the fact that only providing for equal salaries or wages between men and women generally may not be sufficient to give effect to the Convention as it does not capture the concept of “work of equal value”. The Committee recalls that the concept of “work of equal value” set out in the Convention permits a broad scope of comparison, including that it goes beyond equal remuneration for “equal”, “the same” or “similar” work, but also encompasses work that is of an entirely different nature, which is nevertheless of equal “value”. Moreover, application of the Convention is not limited to comparisons between men and women in the “same labour unit”, and allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers (see 2012 General Survey on the fundamental Conventions, paragraphs 673 and 697). The Committee therefore asks the Government to take the necessary measures to amend the wording of section 104 of the Labour Law 2014 and section 15 of the LDPW so as to give full legislative expression to the principle of equal remuneration for work of equal value. It requests the Government to provide information on: (i) the progress achieved in this regard; and (ii) the application in practice of these provisions, by providing examples of cases relating to unequal pay which have been brought to the courts.

Article 3. Objective job evaluation. The Committee notes that, once again, the Government does not provide any new information. In this regard, it wishes to recall that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. Article 3 of the Convention presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see 2012 General Survey, paragraph 695). The Committee asks the Government to take the necessary measures, in cooperation with employers’ and workers’ organizations: (i) to promote objective job evaluation methods free from gender bias, in the public and private sectors, such as, for example, identifying and eliminating stereotypes and prejudices with regard to the value of women’s work, in particular in occupations dominated by a female workforce (healthcare, cleaning, teaching, clerical support, food preparation, etc.); and (ii) to systematically ensure that gender-neutral terminology is used in defining the various jobs and classifications in collective agreements. The Committee also asks the Government to provide information on progress made in this regard. It recalls that the Government may avail itself, if it so wishes, of ILO technical assistance for this purpose.

Article 4. Cooperation with the social partners. The Committee notes the Government’s indication that collective bargaining does not address the classification of jobs of men and women. In that regard, the Committee wishes to recall that, where a Member State is in a position to intervene in the wage-fixing process, or where there is specific legislation on the issue, or relating to equality and non-discrimination with respect to remuneration, it has a special obligation to ensure the wage-fixing machinery is free from gender bias. Where a Member State is not in a position to ensure its application, it must nevertheless promote the application of the principle of the Convention (General Survey of 2012 on the fundamental Conventions, paragraphs 670 and 680). The Committee therefore once again asks the Government to take steps, in cooperation with employers’ and workers’ organizations, to ensure that collective agreements vigorously and proactively promote the application of the principle of equal remuneration for men and women for work of equal value, and to provide information on the progress achieved in this regard.

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