Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Cambodge (Ratification: 1999)

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2023
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Articles 1(a) and 2(2)(a) of the Convention. Definition of remuneration. Legislation. The Committee recalls that the definition of “wage” set out in section 103 of the Labour Law of 1997 excludes healthcare, legal family allowance, travel expenses and benefits granted exclusively to help the worker do his or her job, and thus is narrower than the definition of remuneration under the Convention. Noting that the Government’s report does not contain information in response to its previous request, the Committee asks the Government to take steps to amend the Labour Law in order to bring the definition of “wage” in line with Article 1(a) of the Convention for the purpose of applying the principle of equal remuneration for men and women for work of equal value, and to provide information on any progress made in this regard.

Articles 1(b) and 2(2)(a). Equal remuneration for work of equal value. Legislation. The Committee recalls that section 106 of the Labour Law provides for equal wages for workers for “work of equal conditions, professional skill and output ... regardless of their […] sex […]”, which is narrower than the principle of equal remuneration for men and women for work of equal value set out in the Convention. The Committee emphasizes that the concept of “work of equal value” permits a broad scope of comparison, including but going beyond, equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value overall. It further draws the Government’s attention to the fact that “work of equal value” for men and women can: (1) be performed under different working conditions; (2) require different professional skills; (3) require different levels of effort; and (4) involve different responsibilities. When determining the value of different jobs, the value does not have to be the same with respect to each factor taken into consideration. Determining the value is about the overall value of the job when all the factors are taken into account together. While factors such as “conditions” and “professional skill” mentioned in section 106 of the Labour Law are clearly relevant in determining the value of jobs for the purpose of equal remuneration, they do not have to be “equal” and may not be sufficient by themselves to assess the overall value of jobs. In addition, the Committee observes that the criteria of “output” relates more to the performance appraisal of the individual worker which is different from the objective job evaluation. In this regard, the Committee stresses the importance of assessing the “value” – that is, namely the worth of a job for the purpose of determining remuneration – through objective job evaluation, which is used to establish classification of jobs and the corresponding salary scales without gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skills, efforts, responsibilities and working conditions. It also makes it clear that differential rates between workers are compatible with the principle of the Convention if they correspond, without regard to sex, to differences determined by such evaluation. Noting that, once again, the Government’s report does not contain information in response to its previous request, the Committee urges the Government to: (i) take the necessary measures to ensure that the principle of equal remuneration for men and women for work of equal value is duly reflected in the Labour Law; and (ii) ensure that the determination of work of equal value is based on objective job evaluation, using objective criteria such as qualifications and skills, responsibilities, efforts and working conditions. It asks the Government to provide specific information on the steps taken in this regard.

The Committee is raising other matters in a request addressed directly to the Government.