Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 100) sur l'égalité de rémunération, 1951 - République démocratique populaire lao (Ratification: 2008)

Autre commentaire sur C100

Observation

2023

Demande directe

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Article 1(a) of the Convention: Definition of remuneration. The Committee notes that section 15 of the Law in the Development and Protection of Women, 2004 (LDPW) provides that under certain conditions, women have the right to “remuneration and benefits” on an equal basis with men. Section 45 of the Labour Law, 2007, entitles workers to “equal salary, wages or other policies” without discrimination, including based on sex. The Committee asks the Government to indicate whether the term “remuneration” contained in section 15 of the LDPW, and “salary, wages or other policies” in section 45 of the Labour Law include additional emoluments whatsoever, payable in cash or in kind. Please also indicate whether any additional allowances are paid to male civil servants that are not generally paid to women, as well as the rationale for such allowances.

Article 1(b). Work of equal value. The Committee notes that pursuant to the LDPW, “women who have the same position, task, work and responsibility as men shall have the right to remuneration and benefits on an equal basis with men” (section 15). Under section 45 of the Labour Law, “employees who perform equal quantity, quality and value of work are entitled to receive equal salary, wages or other policies without any discrimination as to ... gender ...”. The Committee notes that the concept of “work of equal value” set out in the Convention permits a broad scope of comparison, including work that is of an entirely different nature: it is not limited to comparisons between the same positions, tasks, work and responsibility, or to where there is an equal quantity and quality of work. The Committee, therefore, asks the Government to provide information on the application of section 15 of the LDPW to jobs of an entirely different nature, involving different positions, tasks, work and responsibility, but which are nevertheless of equal value. The Committee also asks the Government to clarify with respect to section 45 of the Labour Law whether a claim may be brought for a violation of the principle of equal remuneration for work of equal value, if the work being compared is not of equal quantity or quality, but is overall of equal value based on a range of factors.

Scope of application. The Committee notes that a range of groups of workers are excluded from the Labour Law pursuant to section 6, including civil servants. It notes further that the right to equal remuneration for men and women for work of equal value is not set out in the Decree on Civil Servants, 2003. Recalling that all workers have the right to equal remuneration for men and women for work of equal value, the Committee asks the Government to indicate how this right is ensured for the groups of workers excluded from the Labour Law.

Article 2. Wage determination. The Committee notes that section 46 of the Labour Law provides for the establishment of minimum wages in each period and for each area of work, and is to be aimed at securing the basic minimum living standard of employees consistent with the level of change of the cost of living. The Committee notes from the Government’s report that tripartite cooperation is promoted including with respect to minimum wages, and that a tripartite committee is involved in improving the implementation of the minimum wage. The Committee also notes that section 46 of the Labour Law provides that salary and wage levels may be fixed through negotiation between workers, trade unions or workers’ representatives on the one hand and employers on the other. The Committee asks the Government to provide information on the role of the social partners in the establishment of the minimum wage, and on the concrete measures taken in the context of the tripartite committee for the improvement of the implementation of the minimum wage. Please also provide examples of any collective agreements applying the principle of the Convention.

Article 3. Objective job evaluation. The Committee asks the Government to provide information on any measures taken, in cooperation with workers’ and employers’ organizations, to promote objective job evaluation methods free from gender bias, in the public and private sectors.

Article 4. Cooperation with social partners. The Committee notes that a tripartite committee has been established to improve the Labour Law. The Committee asks the Government to provide information on cooperation with employers’ and workers’ organizations to give effect to the provisions of the Convention. The Committee also asks the Government to provide further information on the role and responsibilities of the tripartite committee, and the concrete steps taken by the tripartite committee to improve the Labour Law and wage determination mechanisms, in particular as they relate to the principle of the Convention.

Part IV of the report form. The Committee asks the Government to provide information on any court or administrative decisions regarding the application of section 15 of the LDPW and section 45 of the Labour Law, as well as information on any relevant complaints reported to or detected by the labour inspectorate.

Part V of the report form. The Committee asks the Government to provide statistics on the respective earning levels of men and women in the different sectors of the economy and in different occupations, in the public and private sectors, as well as any information on the gender pay gap.