Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Article 2 of the Convention. Implementing the principle of equal remuneration for men and women for work of equal value through national legislation. The Committee recalls its concerns expressed on the application of the principle of equal remuneration for work of equal value in the country following the allegations submitted by the International Confederation of Free Trade Unions (ICFTU), now International Trade Union Confederation (ITUC), and recalls its subsequent invitation to the Government to improve the application of the Convention in the country by amending the Manpower Act No. 13/2003 and inserting an explicit reference to the principle of the Convention. The Committee notes from the Government’s report that the Government has no intention of revising the Manpower Act, unless explicitly requested by the social partners, and after an analysis of the matter concerned. The Government indicates however, that Ministerial Regulation No. 48/MEN/2004 concerning company regulations and collective labour agreements, provides a mechanism for the Government to examine compliance with non-discrimination principles. Additionally, the Committee notes the Government’s indication of a number of initiatives undertaken to implement the principle of equal remuneration, ranging from training programmes for employers, workers, and government officials, to the conducting of inspections. The Committee also notes that the Minister of Manpower and Transmigration has issued a circular letter (SE/60/MEN/SJ-HK/2006) requesting the Governors of the provinces and heads of district/majors throughout the country to implement the Equal Employment Opportunity (EEO) Guidelines. While noting this general information, the Committee has not been provided with any details concerning either the concrete implementation of the EEO Guidelines and its impact on the reduction of the wage gap between men and women workers, or the results of the inspections carried out. The Committee also recalls its 2006 general observation on this Convention in which it urges governments to provide explicitly in legislation for equal remuneration for work of equal value (paragraph 6). The Committee again asks the Government to supply information on the concrete implementation of the principle of the Convention, including initiatives taken or envisaged to implement the EEO Guidelines, results of the inspections carried out, cases brought before national courts, and any judicial or administrative decisions concerning the principle of equal remuneration. The Committee asks the Government to take steps to give explicit legal expression to the principle of the Convention, including undertaking an analysis of the Manpower
Act No. 13/2003 in consultation with the social partners, and to keep the Committee informed in this regard.

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