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Equal Remuneration Convention, 1951 (No. 100) - Cambodia (RATIFICATION: 1999)

Other comments on C100

Observation

Direct Request

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Article 2(2)(a) of the Convention. Legislation. Scope of application. Domestic workers. With reference to its observation, the Committee reiterates its request to the Government to take steps to ensure the application of the principle of equal remuneration for men and women for work of equal value with respect to the categories of workers not covered by the Labour Law, including domestic workers, whether nationals or non-nationals, through a legislative framework. In this regard, the Committee requests the Government to provide more information on progress made on the specific legislation referred to in the Government’s previous report, which would protect such workers. The Committee once again requests the Government to supply copies of Royal Decree No. 1201/450 and Sub-Decree No. 34.

Promotion of the principle of equal remuneration for men and women for work of equal value. National Action Plan.Noting the adoption of the Strategic Plan for Gender Equality and Women’s Empowerment (2019-2023) (Rattanak 5), the Committee requests the Government to provide specific information on the measures adopted under such Plan to promote the principle of equal remuneration between men and women for work of equal value and the results achieved, including information on the steps taken to address the underlying causes of the gender pay gap, such as the concentration of women in lower-paying jobs or occupations, and lower-level positions. The Committee also refers the Government to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 2(2)(b) Minimum wage. The Committee notes the Government’s reference to the adoption of the Law on Minimum Wage on 7 June 2018, which covers all enterprises or establishments and all persons who fall under the provisions of Labour Law (section 3). It notes that section 8 of the Law states that “[f]or work of equal conditions, professional skill, and output, the wage shall be equal for all workers subject to this law, regardless of their origin, sex, or age”. The Committee also notes that the Law provides for the establishment of a National Minimum Wage Council which issued the Prakas No. 247/22 KP/PRK on setting the minimum wages for workers in the industries of textiles, garments, footwear, travel products and bags for 2023. The Committee recalls that the setting of minimum wages is an important means by which the Convention is applied in practice, in that a minimum wage system helps to raise the earnings of the lowest paid. As women predominate in low-wage employment, the setting of minimum wages has an influence on the relationship between men and women’s wages and on reducing the gender pay gap (see 2012 General Survey, paragraphs 682–683). It therefore welcomes the adoption of a general minimum wage-setting system. Referring to its observation and to the wording used in section 8 of the Law on Minimum Wage, however, the Committee notes that this section does not fully reflect the principle of the Convention, as it limits the notion of “work of equal value” to jobs performed under equal conditions, professional skill, and output, whereas, for example, works performed under different conditions, may still be of equal value. The Committee also recalls that, while factors such as working conditions, skills, responsibilities, and efforts, are clearly relevant in determining the value of the jobs, when examining two jobs the value does not have to be the same with respect to each factor – determining value is about the overall value of the job when all the factors are taken into account together. The Committee requests the Government to consider amending section 8 of the Law on Minimum Wage so as to bring it in line with the principle of the Convention, and to provide information on the progress made in this regard. The Committee also requests the Government to provide information on the practical application of section 8 of the Law as well as on the minimum wages set by the National Minimum Wage Council and the industries covered.

Collective agreements. The Committee requests the Government to provide copies of any collective agreements currently in force providing for equal remuneration for work of equal value.

Awareness raising and enforcement. The Committee again requests the Government to provide specific information on: (i) awareness-raising training provided to both workers’ and employers’ organizations, including copies of the training manual as well as statistical data of outcomes, disaggregated by sex; (ii) labour inspections conducted, the number and type of violations reported or detected, actions taken, and their outcomes; (iii) measures taken to train labour inspectors; and (iv) whether any cases regarding equal remuneration for men and women for work of equal value have been dealt with by the courts or other dispute settlement bodies.