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Equal Remuneration Convention, 1951 (No. 100) - China (RATIFICATION: 1990)

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Observation

2023
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Articles 1(b), 2 and 3 of the Convention. Work of equal value. Concept and application. For a number of years now, the Committee has indicated that the principle of “equal pay for equal work” in the Labour Law, the Labour Contract Law as well as the 1994 Notice on the Description of Certain Regulations of Labour Law does not encompass the principle of “work of equal value” set out in Article 1(b) of the Convention. The principle enshrined in the Convention encompasses not only the same work, or work in the same occupation or activity, performed by men and women under the same conditions and specifications, but should also allow for the comparison of work traditionally performed by men (for example, construction work) and women (for example, nursing) that is of an entirely different nature, but which may or may not be of equal value. The Committee also points out that the application of the principle of equal remuneration for work of equal value is not limited to comparisons between men and women in the same establishment or with the same employer (see General Survey of 2012 on the fundamental Conventions , paragraphs 673–697). The Committee notes that section 45 of the Law of the People’s Republic of China on the Protection of Women’s Rights and Interests (2022 Revision, which was adopted on 30 October 2022), reproduces, without changes, the provision included in the earlier version of the Law at article 24, which stipulated that equal pay for equal work shall be applied to men and women alike. Concerning the application of the principle of the Convention, the Committee notes that, in its report, the Government informs that the Ministry of Human Resources and Social Security provides guidance to employers on establishing a salary distribution system in line with the principle of the Convention, without discriminating between workers on the basis of gender. The Government also reiterates that enterprises are entitled to determine the wage levels and their distribution, provided that they comply with relevant laws. The Committee considers that it remains unclear the extent to which the national wage fixing system reflects the principle of equal remuneration for men and women for work of equal value, given that the principle of the Convention is currently understood to cover only “equal”, “the same” or “similar” work and is not fully reflected in relevant legislation. In this regard, the Committee notes from the report of the ILO-UN Women seminar on gender equality and the future of work in China, held in July 2020, that the meaning of “equal pay for work of equal value” has not been understood by the Chinese society including tripartite constituents, the academia, and Chinese women’s organizations (page 31). Furthermore, the Committee notes the absence of information on the implementation of objective job evaluation methods, including in the context of the “job-post wage system”.

The Committee underscores that a clear understanding of the concept of “work of equal value” is essential to ensuring the full application of the Convention and refers the Government to its 2006 general observation on the subject. It recalls that “value”, in the context of the Convention, refers to the worth of a job for the purpose of fixing remuneration. While Article 1 indicates what cannot be considered in determining rates of remuneration, Article 3 presupposes the use of appropriate techniques for objective job evaluation to determine value, comparing factors such as skill, effort, responsibilities and working conditions. Comparing the relative value of jobs in occupations which may involve different types of skills, effort, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize the value of work performed by women and men free from gender bias (see 2012 General Survey on the fundamental Conventions, paragraph 675). The Committee also emphasizes that legal provisions that are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination (see 2012 General Survey on the fundamental Conventions, paragraph 679). In light of the above, the Committee once again urges the Government: (i) to take the necessary steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, so that it covers not only situations where men and women perform the same work, but also encompasses work that is of an entirely different nature and which is nevertheless of equal value, and to provide information on the progress made in this regard; (ii) to take appropriate measures, in cooperation with workers’ and employers’ organizations, to ensure that the national system for wage setting fully reflects the principle of equal remuneration for men and women for work of equal value, and to provide information on the progress made in this regard; and (iii) to provide detailed information on any progress made in implementing objective job evaluation methods in the public and private sectors, including in the context of the “job-post wage system”. It also strongly recommends that the Government makes every effort to promote the public understanding of the principle of the Convention and asks it to provide information on the measures taken in this regard in cooperation with the social partners. The Committee recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

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