Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the Government’s statement that with the increasing complexity in industrial relations and employment structures it is a challenge to adopt concrete actions to implement the Convention fully and it welcomes the Government’s commitment to strengthen its cooperation and exchanges with the ILO in this regard. In this context, the Committee draws the Government’s attention to the matters set out below.

Assessment of the wage gap between men and women. In its previous comments, the Committee asked the Government to supply statistical data on employment and remuneration disaggregated by sex, sector of activity, occupation and level of responsibility, and on any measures taken or envisaged to ensure the collection of more detailed and reliable statistics on the situation of women in the labour market. In reply, the Government indicates that sex-disaggregated employment data, including data on the educational level, employment status and occupation are available in the China Labour Statistic Yearbook. However, data on wages disaggregated by sex were not yet available. The Government also indicates that it is making efforts to obtain data on average wages disaggregated by sex and occupation so as to better assess the implementation of the Convention. The Committee asks the Government to provide information on the progress made in ensuring the collection and publication of statistical data on the earnings of men and women and to provide such data as soon as available.

Articles 1 and 2. Laws and regulations. The Committee recalls its 2006 general observation which emphasizes the crucial importance of the concept of “work of equal value” when applying the Convention. In this regard, the Committee also recalls that section 46 of the 1994 Labour Law provides that the “distribution of wages shall follow the principle of distribution according to work and equal pay for equal work”. The 2007 Labour Contract Law similarly provides that, where no collective contract providing specifications regarding remuneration exists, the principles regarding equal pay for equal work should be followed.  Recalling that the general observation urged governments of countries which have not done so to adopt legislation giving full expression to the principle of equal remuneration for men and women for work of equal value, and also noting that the Committee on the Elimination of Discrimination against Women, also in 2006, expressed concern about the lack of legal provisions in China guaranteeing equal remuneration for men and women for work of equal value (CEDAW/C/CHN/CO/6, 25 August 2006, paragraph 29), the Committee asks the Government to examine ways and means of reflecting more fully the Convention’s principle in the legislation and to provide information on any measures taken or envisaged in this regard.

The Committee recalls that the Government publishes wage guidelines setting out indicative wages for the different occupations to guide enterprises in determining appropriate rates of remuneration. In its report, the Government notes that the wage guidelines help remove discrimination based on sex since the indicative wages for each occupation apply irrespective of sex. While noting the Government’s explanations, the Committee notes that, in addition to ensuring that indicative wages apply equally to men and women, it is also important to ensure that the recommended wage levels for occupations that are predominantly carried out by women are not undervalued as a result of gender bias. The Committee asks the Government to provide information on how the indicative wages are calculated for the different occupations and by which method it is ensured that the principle of equal remuneration for work of equal value for men and women is taken into account in the setting of indicative wage contained in the wage guidelines.

Collective bargaining. The Committee notes from the Government’s report that the provisions contained in wage agreements agreed between enterprises and workers have the force of law and apply equally to men and women. The Committee encourages the Government, in cooperation with workers’ and employers’ organizations, to undertake promotional measures to raise awareness among workers’ and employers’ representatives negotiating wage agreements of the principle of equal remuneration for men and women for work of equal value and of ways of implementing it in the context of wage agreements. Please provide information on any measures taken or envisaged in this regard.

Article 3. Objective job evaluation. The Committee recalls that the Convention envisages the development and use of objective job evaluation methods as an important means of determining remuneration in accordance with the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee previously noted that according to the Government most enterprises apply the “job-post wage system” in which wages are determined on the basis of perceived skills required, level of responsibility, labour intensity and working conditions specific to each post. The Committee asks the Government to continue to provide information on the extent to which the job-post wage system is being used, as well as any other measures taken or envisaged to promote the development and use of objective job evaluation methods.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes from the Government’s report that labour departments at all levels consult with workers’ and employers’ organizations when formulating wage standards and policies. The Committee asks the Government to continue to provide information on any measures taken or envisaged to seek the cooperation of workers’ and employers’ organizations with a view to giving effect to the Convention, including information on cooperation in addressing the Committee’s present comments. The Committee also reiterates its previous request for information on the results of an investigation into the wage levels of women workers by the All-China Federation of Trade Unions (ACFTU) to which reference had been made previously.

Enforcement. With regard to the enforcement of the principle of equal remuneration for men and women through labour inspection, the Committee notes that by the end of 2006, a total of 3,200 labour inspection agencies had been set up throughout the country with a total of 22,000 full time labour inspectors. The Committee reiterates its request to the Government to provide information on the number and nature of violations relating to equal remuneration for men and women for work of equal value reported.