Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 1(a) of the Convention. Application of the principle of the Convention with respect to additional allowances and employment-related benefits. Further to its previous comments on this point and in the absence of the Government’s specific reply thereto, the Committee reiterates its previous request for the Government to supply information on measures taken or envisaged to ensure the application of the principle of equal remuneration for work of equal value with respect to all elements of remuneration, including “additional emoluments paid incidentally”, which was referred to in the Government’s past report to be incorporated in section 1(3) of the Manpower Act (No. 13/2003).

Article 2. Wage gap between men and women. The Committee notes that the Ministry of Women’s Empowerment and Child Protection, based on its statistical data of 2008, confirms that wage inequalities between men and women have been observed in all regions. The data indicate that the wage gap between men and women ranges, depending on the categorization of workers, from 15 to 25 per cent. The Committee asks the Government to collect and supply any other statistical data available on wages of workers, disaggregated by sex, industry, occupational category and positions, including studies and surveys undertaken to identify the nature and extent of the wage differences between men and women in the private and public sectors. It also asks the Government to indicate the measures taken or envisaged to reduce the wage gap between women and men, and any steps taken to promote the use of the Equal Employment Opportunity (EEO) Guidelines of 2005 among workers, employers and their organizations and results obtained.

Minimum wages. The Committee notes the Regulations of the Minister of Labour PER-01/MEN/1999 concerning the minimum wage, and the resolution of the National Wage Council 01/DEPENAS/XII/2006 concerning the procedures of the National Wage Council, a copy of which was attached to the Government’s report. It notes that neither instrument appears to provide for specific means to ensure that the criteria for determination of minimum wages, in particular sectoral minimum wages, are free from gender bias. The Committee therefore asks the Government to indicate any measures taken or envisaged to ensure that, in the process of determining sectoral minimum wage rates, the sectors employing exclusively or predominantly women are not being undervalued. It also asks the Government to provide information on activities of the wage councils, including copies of their annual reports or of any relevant resolutions or policies adopted to give effect to the principle of the Convention. Please also provide information on the measures taken or envisaged to implement the EEO Guidelines in the process of adopting sectoral minimum wage rates.

Article 3. Objective job evaluation. The Committee notes that the Decree of the Minister of Manpower and Transmigration KEP-49/MEN/IV/2004 concerning wage structures and scales, attached to the Government’s report does not appear to contain provisions prescribing specific means to ensure the application of the principle of the Convention. It also notes that the Government’s report does not contain any information concerning measures taken or envisaged to promote objective job evaluation methods. In this connection, the Committee refers to its 2006 general observation on the Convention, in which it highlighted the importance of ensuring that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not inherently discriminatory. The Committee asks the Government to indicate any steps taken or envisaged to promote the objective job evaluation methods prescribed in KEP-49/MEN/IV/2004. The Government is also requested to explain how it is ensured in the process of the determination of wage structures and scales that analyses conducted are free from gender bias, including through the use of the EEO Guidelines. Please provide a copy of the manual for the preparation of wage structures and scales provided for in article 10 of the Decree.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the copy of sample company regulations and a collective agreement, supplied by the Government in response to its previous request. They, however, do not appear to contain specific provisions ensuring that the principle of the Convention is effectively applied, in particular, that women and men receive equal remuneration for work of equal value. In this connection, it recalls the Government’s indication that, under the terms of the Decree of the Minister of Manpower and Transmigration KEP_48/MEN/IV/2004 concerning the procedure for the making and legalization of company regulations and collective labour agreements, a mechanism is provided for the Government to examine compliance with non-discrimination principles. The Committee asks the Government to provide examples of company regulations or collective agreements indicating specific provisions implementing the principle of equal remuneration for women and men for work of equal value. Please also provide information on any issues related to the non-application of the principle of the Convention which may have been found through the reviews of company regulations and collective agreements carried out by the Government under Decree KEP_48/MEN/IV/2004. In addition, please also provide information concerning any proactive steps taken or envisaged by the Government to promote the use of the EEO Guidelines in the development and application of company regulations and collective agreements.

Parts III and IV of the report form. Application in practice. The Committee notes the Government’s indication that no reports of labour inspectors have been received indicating incidences of wage discrimination based on sex. It also notes that the Government’s report does not contain any concrete information concerning the practical application of the Convention. The Committee wishes to point out that the absence or low number of complaints does not necessarily mean that wage inequalities do not exist in practice, but may indicate a lack of awareness of the principle of the Convention, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee, therefore, asks the Government to provide concrete and documented information which indicate how the principle of equal remuneration for work of equal value is promoted and applied in practice, including any judicial or administrative decisions, results of labour inspections carried out on matters related to the Convention showing the number and nature of contravention and sanctions imposed. Please also provide information on measures taken or envisaged to raise awareness of the principle of equal remuneration for work of equal value among labour inspectors, workers, employers and their organizations.