Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report and the attached documentation, as well as the comments made by the National Congress of Thai Labour (NCTL), and the Government’s response thereto.

1. Article 1 of the Convention. Definition of remuneration. The Committee notes that section 53 of the Labour Protection Act requires the employer to fix not only equal wages for men and women, but also equal overtime pay, holiday pay, and holiday overtime pay. However, the Committee points out that the Convention calls for equality in respect of all elements of remuneration as defined in Article 1(a). It therefore asks the Government to indicate how the application of the principle of equal remuneration for work of equal value is ensured in respect of other additional benefits, in cash or in kind, such as bonuses, allowances, food or meals, cloth, accommodation.

2. Work of equal value. As section 53 of the Labour Protection Act only requires equal payments in cases where men and women perform work of the same nature, quality and quantity, but not for work of equal value, as envisaged in the Convention, the Committee had previously encouraged the Government to consider amending this provision. In reply, the Government draws attention to section 15 of the Labour Protection Act, which provides that an employer shall treat male and female employees equally in employment unless the description or nature of work prevents such treatment. The Committee notes that section 15 goes some way in applying the Convention by prescribing that differential treatment has to be related to the description or nature of the work. Nevertheless, the Committee maintains that neither section 53 alone, nor when read in conjunction with section 15, fully reflects the principle of equal remuneration established by the Convention. Section 53 only requires employers to pay equal wages for men and women engaged in the same work, while the Convention also requires equal remuneration to be paid to men and women performing different types of work, which is nevertheless of equal value. While objective criteria such as quality and quantity may be used to determine the level of earnings, it is important that the use of such criteria does not have the effect of impeding the full application of the principle of equal remuneration for men and women for work of equal value. In order to apply this principle, legislation in an increasing number of countries relies on the concept of work of equal value, while criteria such as skills, efforts, responsibility and working conditions are used to determine and compare work value. The Committee reiterates its recommendation to the Government to consider amending section 53 of the Labour Act to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. Please provide information on any measures taken in this regard, including cooperation with employers’ and workers’ organizations.

3. Articles 2 and 3. Civil servants and civil service employees. The Committee thanks the Government for providing detailed information concerning Thailand’s civil service compensation and position classification systems. With regard to the determination of salaries for civil service employees, the Committee notes that their salaries are paid according to a compensation schedule contained in the Ministry of Finance Regulation on Permanent Government Employees B.E. 2537. The Government indicates that the compensation schedule is categorized into four groups according to the nature of the work and the skill level. The Committee asks the Government to provide additional information on the methodology used to establish the four groups referred to and an indication of the distribution of male and female public employees in the various groups and salary levels. Please also provide a copy of Ministry of Finance Regulation on Permanent Government Employees B.E. 2537.

4. Private sector. The Committee notes from the Government’s report that in the private sector the application of the Convention is promoted through collective bargaining agreements. It notes the sample collective agreement supplied by the Government, which applies equally to men and women, but which does not contain specific provisions that would promote equal remuneration for work of equal value. The Committee also notes that the Convention is promoted by the Thai Labour Standard, a corporate social responsibility initiative of the Ministry of Labour, launched in June 2003. This initiative aims at the establishment of management systems in accordance with international labour standards, including Convention No. 100. The Committee asks the Government to provide further information on the Thai Labour Standard initiative, including information on the number of participating employers and the measures taken by them to promote the principle of equal remuneration for men and women for work of equal value, for instance through the use of objective job evaluation methods.

5. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes from the Government’s report that the Ministry of Labour promotes cooperation with employers’ and workers’ organizations to give effect to the Convention, in particular through the National Wage Committee. The views of these organizations were being sought in the legislative process, through seminars and tripartite committees. The Committee asks the Government to continue to provide information on the measures taken to cooperate with employers’ and workers’ organizations with a view to giving effect to the provisions of the Convention. Please indicate whether any tripartite efforts are being made to raise awareness of the meaning and importance of the principle of equal remuneration for work of equal value and to discuss the use of collective bargaining as a tool to promote this principle.

6. Part V of the report form. General appreciation of the Convention’s application. The Committee notes that according to NCTL, men and women generally receive equal pay in jobs remunerated at the minimum wage level, but that women have fewer opportunities to obtain equal remuneration in higher paid positions. The Committee notes that this question involves two issues which need to be addressed: (1) the access of women to better-paying positions without discrimination; and (2) the issue of whether women and men, when being employed in better positions, do in fact receive equal remuneration for work of equal value. The Committee notes from the Government’s report that in the civil service, women outnumber men in levels 1 to 7, while they are under-represented in levels 8 to 11. Further, the Committee notes from the 2004 report submitted by the Government under the Convention on the Elimination of All Forms of Discrimination against Women that a survey conducted in 1998 by the National Statistical Office in respect of private sector enterprises with more than 100 employees showed that men received higher remuneration at all levels of employment (CEDAW/C/THA/4-5, 24 June 2004, paragraph 179). Finally, the Committee notes the Government’s indication that the Ministry of Labour has carried out measures to promote and support female employees to access career opportunities. In order to allow the Committee to continue to assess the Convention’s application, the Government is asked to provide the following information in its next report:

(a)  updated statistical information on the distribution of men and women at the various levels of the civil service;

(b)  up-to-date statistical information compiled by the National Statistical Office regarding the position of men and women in the labour market, including their participation in the various occupations and earning levels;

(c)  additional information on the measures taken to promote equal career opportunities for women in the private and public sectors, including indications as to progress made in this regard; and

(d)  information concerning the specific activities carried out by the labour inspection service to ensure the strict application of minimum wage and equal remuneration provisions of the labour legislation, and the provisions of the Convention. Please indicate whether any cases involving issues relating to equal remuneration for men and women have been addressed by the labour inspection service or the courts.