Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equal Remuneration Convention, 1951 (No. 100) - China - Macau Special Administrative Region (Ratification: 1999)

Other comments on C100

Observation

2023

Direct Request

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Legislation. The Committee notes from the various language versions of Labour Relations Law No. 7/2008 annexed to the Government’s report, that there is an inconsistency between the Portuguese text and the Chinese and English texts with respect to section 57(2). In particular, while section 57(2) of the Portuguese text refers to “equal work or work of equal value”, the Chinese and English texts refer only to “equal work”, with no specific reference to “work of equal value”. The Committee also recalls that section 9 of Legislative Decree No. 52/95/M of 9 October 1995 provides for equal remuneration for men and women for equal work or work of equal value. The Committee asks the Government to take steps to harmonize the various language versions of the Labour Relations Law and Legislative Decree No. 52/95/M, and to ensure that full legislative expression is given to the principle of equal remuneration for men and women for work of equal value, allowing not only for comparisons to be made between work that is the same or similar, but also comparing work that is of an entirely different nature but nevertheless of equal value. Please provide information on the specific steps taken in this regard.

Gender pay gap. The Committee recalls its previous comments asking the Government to take measures to address occupational gender segregation with a view to reducing the persistent gender pay gap. The Committee notes that the Government acknowledges that there is both vertical and horizontal gender segregation, and provides specific examples of women being concentrated in lower paid sectors and lower level jobs. The Committee further notes the Government’s indication that the Labour Affairs Bureau has conducted various vocational training courses and activities open to both men and women, and that the Government considers that by providing the same vocational training to men and women, it aims at eliminating some traditional assumptions regarding the abilities of men and women or their suitability for certain jobs so as to narrow the gender remuneration gap. The Committee asks the Government to provide information on the vocational training courses and activities, including the number of participants disaggregated by sex, and the results achieved, in particular to what extent such courses have resulted in more women having access to higher paying posts and occupations. The Committee also asks the Government to provide information on any other measures taken to decrease the gender remuneration gap. Please also provide information on the results of any studies undertaken on the gender remuneration gap and its causes, and provide updated statistics, disaggregated at least by sex, branch of economic activity and occupation or occupational group.

Measures to promote the application of the principle of the Convention. The Committee notes the various promotional activities undertaken and materials published concerning Labour Relations Law No. 7/2008 generally, with some specifically addressing women’s rights. In response to the Committee’s comments concerning the development of practical tools to help workers to determine whether the remuneration they receive is in accordance with the principle of the Convention, the Government indicates that the Labour Affairs Bureau and the Statistics and Census Bureau periodically publish information on wage incomes. However, the Committee observes that it remains unclear if these measures are specifically targeted to promoting the application of the principle of equal remuneration for men and women for work of equal value. The Committee also recalls the Government’s commitment to work through the tripartite coordination mechanisms in formulating labour-related policies and measures in the context of promoting the principle of the Convention, and the Government’s reference to the adoption of legislation concerning collective bargaining. The Committee notes that the Government’s report does not contain information on any progress made in this regard. The Committee asks the Government to provide specific information on the measures taken to ensure that workers and employers are aware of the principle of equal remuneration for men and women for work of equal value, and can apply it in practice. Please also provide information on how workers’ and employers’ organizations have been specifically involved in measures aimed at giving effect to the principle of the Convention, and the results achieved.

Minimum wages. The Committee notes that minimum wages for outsourced employees providing sanitary and security services to public entities were increased by Chief Executive Order No. 219/2011, amending No. 250/2007. The Committee also notes the Government’s indication that, pursuant to its policy statement in 2011, the Government has formulated plans to establish minimum wages and that it has been considering gradually extending the minimum wage scheme for outsourced employees to similar enterprises in the private sector, or to all enterprises. The Government adds that it has urged workers and employers to start discussions on establishing minimum wages through the Standing Commission for the Coordination of Social Affairs. With regard to the temporary measure concerning subsidies to remuneration, the Committee notes the promulgation of Administrative Regulation No. 7/2011, extending the duration of the implementation of this temporary measure. The Government indicates that the subsidies have had a role in narrowing the gender remuneration gap as, over the past years, many of the low-income employees who have applied for the subsidies are women in manufacturing. The Committee asks the Government to provide information on the impact of the measures taken with respect to minimum wages on reducing the gender pay gap, and on any progress made in setting up a generalized minimum wage system as a means to apply the Convention. The Committee also asks the Government to provide further information on the impact of the temporary measure concerning subsidies to remuneration on narrowing the gender pay gap.

Objective job evaluation. The Committee notes the Government’s indication that the Government will continue to invite and listen to the views of employers’ and workers’ organizations, and to actively explore possible approaches to establishing objective job evaluation in the private sector. The Committee asks the Government to provide specific information on the concrete steps taken or envisaged to promote and develop methods for the objective evaluation of jobs in the private sector. Recalling the occupational gender segregation characterizing the labour market, and in the absence of objective job evaluation in the private sector, the Committee also asks the Government to provide information on the steps taken to ensure that wage rates are based on objective criteria free from gender bias, so that the work in female-dominated sectors is not being undervalued compared to male-dominated sectors.

Enforcement. The Committee notes the Government’s indication that there have been no court decisions, or complaints received by the Labour Affairs Bureau concerning the application of the Convention, and that with regard to the case handled during the previous reporting period, the Labour Affairs Bureau found no violation of law. The Committee also notes the Government’s indication that the Legal and Judicial Training Centre held a workshop on the principle of work of equal value during the period from 2009–11. The Committee asks the Government to continue to provide information on the measures taken or envisaged, including training, regarding the concept of “work of equal value” to assist judges and labour inspectors to fulfil their role effectively. It also asks the Government to continue to provide information on any cases addressed by the competent authorities involving the relevant legal provisions on equal remuneration, including information on remedies provided and sanctions imposed. Please send a copy of the Portuguese version of the guide for the inspectors and the agenda of the workshop for judges, as they were not attached to the Government’s report.