Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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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Article 2 of the Convention. Minimum wage. In its report, the Government informs the Committee that Law No. 7/2015 on Minimum Wage for Cleaning and Security Workers in Property Management was abrogated as a result of the adoption of Law No. 5/2020 on Minimum Wage for Workers, which sets the minimum wage for workers from all sectors and industries, with the exception of domestic workers and workers with disabilities. Recalling that the setting of minimum wages is an important means by which the Convention is applied, the Committee welcomes the establishment of a generalized minimum wage systems. At the same time, it is concerned that domestic workers, which is a female-dominated group especially vulnerable to wage discrimination, are excluded from the scope of application of Law No. 5/2020 (see 2012 General Survey on the fundamental Conventions, paragraph 684). In this regard, the Committee notes from the 2021 Employment Survey conducted by the Statistics and Census Service that in 2021 women represented the vast majority of domestic workers. The Committee requests the Government to provide information on any initiative towards the setting of a minimum wage for domestic workers and on the measures adopted to ensure that the remuneration rate is established without gender bias. Please also indicate how the application of the principle of the Convention is ensured for categories of workers excluded from the application of the minimum wage, in particular female-dominated sectors or industries. In the absence of information on the implementation of Administrative Regulation No. 6/2008 (Interim Measures on Work Income Subsidy), the Committee again requests the Government to provide information on the impact of these subsidies to low-income workers (such as, for example, on narrowing the gender pay gap).

Articles 2 and 4. The gender pay gap and occupational segregation. The Committee notes the Government’s indication that the gender pay gap is gradually narrowing. According to the statistics provided by the Government, it reduced from 16.2 per cent in 2018 to 11.8 per cent in 2021. The Committee also notes from the “Employment Survey” conducted by the Statistics and Census Service in 2021, that the gender pay gap is the largest in the healthcare and social welfare industry, where the number of women workers is more than three times higher than the number of men. Concerning the measures taken to address the gender pay gap, the Committee notes the Government’s reference to the “Development Goals for Women in Macao” Plan for 2019-2025, which envisages the adoption of a series of measures across eight areas, namely: gender mainstreaming, women’s participation in policy-making, women in education and training, women and healthcare, women and social welfare, women’s safety and law, women and the economy, and women, media and culture. At the same time, the Committee notes the UN Committee on Economic Social and Cultural Rights (CESCR)’s concerns about the concentration of women in traditionally dominated professions as well as about reports concerning their unsatisfactory representation in senior positions within the public administration and private companies (E/C.12/CHN/CO/3, 3 March 2023, paragraph 132). The Committee again requests the Government to provide information on the specific measures taken to reduce the gender pay gap, including measures to address the obstacles to women’s upward mobility, to improve their access to a wider range of job opportunities, including in sectors and occupations in which they are under-represented, and to encourage their participation in a wider variety of vocational training courses, including those leading to career opportunities and employment in higher-paid occupations and sectors. Please also continue to provide statistical information on levels of remuneration, disaggregated by sex, branch of economic activity, and occupation or occupational group and, if available, on any studies undertaken on the gender remuneration gap and its causes.

Measures to promote the application of the principle of the Convention. The Committee notes the Government’s indication that the Labour Affairs Bureau and the Legal Affairs Bureau conducted a variety of activities to promote and strengthen the public understanding of the principle of equal remuneration between men and women for work of equal value, including promotional broadcasts on television and radio; publication of newspaper articles, social media posts or organization of events; labour law seminars, and consultation services, among others. The Committee notes that the description of these activities refers in general to the protection of women’s rights. The Committee requests the Government to provide information on: (i) the specific measures taken to raise awareness and enhance the public understanding of the principle of the Convention; (ii) the number and type of requests concerning the application of the principle of the Convention received by the consultation service of the Labour Affairs Bureau, if available, and their outcomes; and the role and impact of workers’ and employers’ organizations in the Standing Committee for Coordination of Social Affairs in giving effect to the principle of the Convention.

Article 3. Objective job evaluation. In the absence of information in reply to its previous requests, the Committee asks the Government to provide information on: (i) the measures taken to promote the undertaking of objective job evaluations in the private sector; (ii) the steps taken to ensure that pay 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; and (iii) the study on objective job-evaluation systems that was envisaged in the Government’s previous report and its findings.

Enforcement. The Committee notes the Government’s indication that although the Labour Affairs Bureau (LAB) has continued to provide legal trainings to labour inspector, no relevant complaints were received by the LAB, and that no judicial decision was rendered concerning the application of the Convention. The Committee requests the Government to continue to provide information on any cases involving the application of the principle of the Convention addressed by the judiciary or other competent authorities and their outcomes, including sanctions imposed and remedies provided. Please also provide information on any violation of the principle of equal remuneration between men and women for work of equal value detected by labour inspectors, the actions taken and their results.