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Equal Remuneration Convention, 1951 (No. 100) - Lao People's Democratic Republic (RATIFICATION: 2008)

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Article 1(a) of the Convention. Definition of remuneration. The Committee notes the Government’s indication, in its report, that section 96 of the Labour Law 2014 which sets out the principle of equal remuneration between men and women is now section 104 of the Labour Law 2014. The Government adds that section 104 defines “wages and salary” as any “compensation for work on the part of the employee that are payable by the employer in accordance with an employment contract, either monthly, daily, hourly, as a lump sum or by unit of production”. The revised section 109 of the Labour Law 2014 also provides that salaries or wages may be paid in cash or in kind. When paying salaries or wages, at any time, the employer must record the payment and ensure the employee signs a receipt. The employer must notify the employee of the account and calculation of salary or wages. When making payments in kind in lieu of cash for salary or wages, it should be at an appropriate rate and stated as money, but it must be agreed upon by the employee or employee representative. The Committee notes that it still remains unclear if the term “wages or salary” includes additional emoluments made directly or indirectly by the employer to the worker which arise out of the worker’s employment, such as for example, bonuses or other allowances (cost of living, family responsibilities, travel, housing, etc.), but also increments based on seniority, marital status or benefits in kind (providing uniforms, food, etc.). In addition, once again, the Government does not clarify the meaning of “remuneration” in section 15 of the Law on the Development and Protection of Women 2004 (LDPW). While noting that the terms “wages and salary” in section 104 of the Labour Law 2014 includes payments made in cash or in kind, the Committee requests the Government to clarify whether the terms “wages and salary” in the Labour Law 2014, and “remuneration” in section 15 of the Law on the Development and Protection of Women (LDPW), also include any additional emoluments whatsoever payable directly or indirectly, as provided for under Article 1(a) of the Convention.
Article 2(1). Scope of application. Public sector. The Committee notes the Government’s reiterated indication that sections 87(13) and 88(8) of Governmental Law on Public Servants No.74/NA, dated 18 December 2015, allow claims by civil servants regarding equal remuneration for work of equal “value”, but that no claims were brought to the courts. The Government adds that civil servants receive the same starting salary and that their personal experience and position are taken into consideration to set individual salaries. The Committee further notes, from the Government’s report to the United Nations Committee on Economic, Social and Cultural Rights (CESCR), that the salaries of civil servants, military, and police officers are calculated based on the index that the Government periodically adopts upon the proposal from the Ministry of Finance (E/C.12/LAO/1, 20 December 2022, paragraph 45). The Committee requests the Government to provide information on the measures taken to raise awareness of the principle of the Convention among civil servants. It also requests the Government to provide a copyin one of the official languages of the ILO of: (i) the specific provisions of the Governmental Law on Public Servants No.74/NA, dated 18 December 2015, which guarantee equal remuneration for men and women for work of equal value; and (ii) the salary index proposal of the Ministry of Finance for civil servants.
Private sector. The Committee notes the Government’s indication that the Ministerial Decision on the Domestic Workers No. 4369/MOLSW was adopted on 2 November 2022. It notes however that the Government does not provide information on its contents. The Committee therefore asks the Government to provide a copy, in one of the official languages of the Office, of the specific provisions of the Ministerial Decision on Domestic Workers which ensure that the principle of equal remuneration for men and women for work of equal value also applies to household workers.
Article 2(2)(b). Wage determination and minimum wage. The Committee notes the Government’s general statement that it applies sections 104, 105, 106, 107, 108 and 109 of the Labour Law 2014. The Committee notes, from the Government’s report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), that in order to bridge the gap on wages between women and men, Notice No. 829/PMO/2022 on the Guidance for Increase of Minimum Wages, instructed an increase of the monthly minimum wage from LAK1.100.000 kips to LAK1.300.000 kips (from US$55 to US$65 dollars) (CEDAW/C/LAO/10, 22 June 2023, paragraph 77). In its report to the CESCR, the Government also indicates that the minimum wages are reviewed periodically and are based on socio-economic development and increased living standards, among others (paragraph 43). The Committee recalls that, pursuant to section 108 of the Labour Law 2014, a “minimum wage can be determined for each sector”. In that regard, it wishes to stress that, where minimum wages are set at the sectoral level, there is a tendency to set lower wages for sectors predominantly employing women, and that due to such occupational segregation, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (2012 General Survey, paragraph 683). The Committee therefore again asks the Government to ensure that minimum wage rates are fixed based on objective criteria, free from gender bias, and to ensure that the work in sectors with a high proportion of women, including the garment and service industries, is not undervalued in comparison with sectors in which men are predominantly employed. It also asks the Government to provide specific and detailed information on the method and criteria used for setting sectoral and industry-based minimum wages, to assess whether the principle of the Convention is taken into consideration.
Statistical data. The Government indicates that the Labour Force Survey 2022 contains data on the remuneration of men and women according to work sectors but that it has not been published yet. The Committee requests the Government to provide information on the distribution of men and women and their respective remuneration levels, in the various industries, in the public and private sectors, and in the different occupational categories.
Enforcement. The Committee notes the Government’s indication that no cases regarding equal pay were brought to the courts since its last report, and once again refers the Government to paragraph 870 of its 2012 General Survey. The Committee once again asks the Government to provide specific information on any steps taken to raise awareness of the principle of equal remuneration for work of equal value among workers, employers, and their respective organizations, and to strengthen the capacity of judges and the labour inspectorate in this regard. 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 96 of the Labour Law 2014, as well as information on any violations recorded by the labour inspectorate.

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Articles 1(b) and 2(2)(a) of the Convention. Work of equal value. Legislation. The Committee notes the Government’s indication, in its report, that it considers the Law on the Development and Protection of Women of 2004 (LDPW) to be compliant with the principle of the Convention. However, the Committee recalls that section 15 of the LDPW provides for equal remuneration “for men and women who perform the same work’s value at the same labour unit”. The Committee also notes that new section 104 of the Labour Law 2014 only provides for equal salaries or wages between men and women. The Committee therefore once again draws the attention of the Government to the fact that only providing for equal salaries or wages between men and women generally may not be sufficient to give effect to the Convention as it does not capture the concept of “work of equal value”. The Committee recalls that the concept of “work of equal value” set out in the Convention permits a broad scope of comparison, including that it goes beyond equal remuneration for “equal”, “the same” or “similar” work, but also encompasses work that is of an entirely different nature, which is nevertheless of equal “value”. Moreover, application of the Convention is not limited to comparisons between men and women in the “same labour unit”, and allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers (see 2012 General Survey on the fundamental Conventions, paragraphs 673 and 697). The Committee therefore asks the Government to take the necessary measures to amend the wording of section 104 of the Labour Law 2014 and section 15 of the LDPW so as to give full legislative expression to the principle of equal remuneration for work of equal value. It requests the Government to provide information on: (i) the progress achieved in this regard; and (ii) the application in practice of these provisions, by providing examples of cases relating to unequal pay which have been brought to the courts.
Article 3. Objective job evaluation. The Committee notes that, once again, the Government does not provide any new information. In this regard, it wishes to recall that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. Article 3 of the Convention presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see 2012 General Survey, paragraph 695). The Committee asks the Government to take the necessary measures, in cooperation with employers’ and workers’ organizations: (i) to promote objective job evaluation methods free from gender bias, in the public and private sectors, such as, for example, identifying and eliminating stereotypes and prejudices with regard to the value of women’s work, in particular in occupations dominated by a female workforce (healthcare, cleaning, teaching, clerical support, food preparation, etc.); and (ii) to systematically ensure that gender-neutral terminology is used in defining the various jobs and classifications in collective agreements. The Committee also asks the Government to provide information on progress made in this regard. It recalls that the Government may avail itself, if it so wishes, of ILO technical assistance for this purpose.
Article 4. Cooperation with the social partners. The Committee notes the Government’s indication that collective bargaining does not address the classification of jobs of men and women. In that regard, the Committee wishes to recall that, where a Member State is in a position to intervene in the wage-fixing process, or where there is specific legislation on the issue, or relating to equality and non-discrimination with respect to remuneration, it has a special obligation to ensure the wage-fixing machinery is free from gender bias. Where a Member State is not in a position to ensure its application, it must nevertheless promote the application of the principle of the Convention (General Survey of 2012 on the fundamental Conventions, paragraphs 670 and 680). The Committee therefore once again asks the Government to take steps, in cooperation with employers’ and workers’ organizations, to ensure that collective agreements vigorously and proactively promote the application of the principle of equal remuneration for men and women for work of equal value, and to provide information on the progress achieved in this regard.
The Committee is raising other matters in a request addressed directly to the Government.

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Article 1(a) of the Convention. Definition of remuneration.  In its previous comments, the Committee asked the Government to clarify whether the terms “wages or salary” in section 96 of the Labour Law, 2014. and the term “remuneration” in section 15 of the Law on the Development and Protection of Women, 2004 (LDPW), include the ordinary, basic or minimum wage or salary, as well as any additional emoluments whatsoever payable directly or indirectly whether in cash or kind, as indicated in the Convention. The Committee notes with regret that in its report the Government once again fails to provide a clear answer to the request and merely declares that the terms “wages and salary” in section 96 of the Labour Law and the term “remuneration” in section 15 of the LDPW have the same meaning in Lao, but does not clarify whether they include all the elements of remuneration, or are to be interpreted more narrowly. The Committee once again draws the Government’s attention to the fact that the broad definition of remuneration set out in Article 1(a) of the Convention captures all elements that a worker may receive for his or her work, including payments in cash as well as in kind, and payments made directly or indirectly by the employer to the worker which arise out of the worker’s employment. The Committee therefore urges the Government to clarify whether in Lao the terms “wages and salary” in section 96 of the Labour Law and “remuneration” in section 15 of the LDPW include the ordinary, basic or minimum wage or salary, as well as any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind.
Article 1(b). Work of equal value. Legislation.  The Committee previously asked the Government to provide information on the practical application of section 15 of the LDWP (equal remuneration and benefits for women and men who have the same position, task, work or responsibility) and section 96 of the Labour Law (which no longer refers to “work of equal value”) in the case of jobs of an entirely different nature involving different positions, tasks, work and responsibility, but which are nevertheless of equal value. The Committee notes the Government’s general statement that, with respect to section 96, it is possible to bring a claim for a violation of equal remuneration for work of equal value, but that no case has been recorded by the courts. In this regard, the Committee once again recalls that only providing for equal salaries or wages between men and women generally may not be sufficient to give effect to the Convention, as it does not capture the concept of “work of equal value”. The Committee recalls that the concept of work of equal value set out in the Convention 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, but which is nevertheless of equal value. Moreover, the application of the Convention is not limited to comparisons between men and women in the “same labour unit” and allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers. Finally, the Committee recalls that once the area of wages becomes a matter for legislation, full legislative expression should be given to the principle of the Convention (2012 General Survey on the fundamental Conventions, paragraphs 673, 678 and 697). The Committee therefore asks the Government to consider the possibility of amending the wording of section 96 of the Labour Law and section 15 of the LDWP so as to give full legislative expression to the principle of equal remuneration for work of equal value. In the meantime, it asks the Government to indicate how it is ensured that the application of the legislation in practice permits the comparison of work which is overall of equal value based on a range of factors and allows for broad comparisons between jobs performed by men and women in different labour units, enterprises or for different employers.
Article 2(1). Scope of application. Public sector.  Recalling that the right to equal remuneration for men and women for work of equal value is not set out in the Governmental Decree on Public Servants No. 82/PM of 2003, the Committee previously asked the Government to provide information on the measures taken or envisaged to ensure that equal remuneration for men and women for work of equal value is applied in practice for public servants. The Committee notes the Government’s statement that sections 87(13) and 88(8) of Governmental Law on Public Servants No.74/NA, dated 18 December 2015, allow claims by civil servants regarding equal remuneration for work of equal value. The Committee asks the Government to provide a copy of Governmental Law on Public Servants No.74/NA, 18 December 2015, and to provide information on the application in practice of sections 87(13) and 88(8), including on successful claims brought by public servants with regard to unequal pay for men and women for work of equal value. Noting the Government’s indication that it does not currently collect information on the distribution of men and women in the different posts of the public service and their corresponding earnings levels, the Committee encourages the Government to take steps to collect such information when updating the Labour Force Survey and to provide its findings in its next report.
Private sector.  The Committee previously requested the Government to clarify how the principle of the Convention, as set out in the Labour Law, is applied to “household workers”, as the Law simply provides that they must “comply with the working contract” (section 6(3)). The Committee takes note of the Government’s indication that the legislation regarding household workers will be reviewed and that it is currently working on a Minister’s Decision on the Management of Domestic Workers which will ensure that the principle of the Convention also applies to domestic workers.  The Committee asks the Government to ensure that the principle of equal remuneration for men and women for work of equal value also applies to household workers. It also asks the Government to provide information on the progress made in the adoption of the draft Minister’s Decision on the Management of Domestic Workers and to provide a copy once adopted.
Article 2(2)(b). Wage determination and minimum wage.  In its previous comments, the Committee noted that, pursuant to section 108 of the Labour Law, the State is responsible for determining the levels of the minimum wage based on consultations, and that a “minimum wage can be determined for each sector”. It asked the Government to indicate the methods and criteria used for setting sectoral and industry-based minimum wages and how it is ensured that minimum wages in female-dominated occupations or sectors, such as the garment industry, are not set below the rates applying to male-dominated occupations or sectors involving work of equal value. The Committee notes the Government’s indication that, following consultation with the social partners, minimum wages are set according to living conditions, such as the price of food, clothes, shelter and health care, as well as trends in economic growth. It also notes the Government’s very general declaration that labour inspectors are responsible for ensuring that minimum wages are set in a manner that does not undervalue female-dominated occupations. The Committee wishes to recall that, where minimum wages are set at the sectoral level, there is a tendency to set lower wages for sectors predominantly employing women, and that due to such occupational segregation, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued. The Committee also recalls that the mere fact that the Government states that labour inspectors when determining the minimum wage do not make a distinction between men and women is not sufficient to ensure that there is no gender bias in the process (2012 General Survey, paragraph 683). The Committee also notes, from the Labour Force Survey 2017, that in sectors employing a majority of men, such as mining, the median monthly salaries are significantly higher than in sectors employing a majority of women, such as accommodation and food service activities. It further notes that it is in the mining sector that the gender pay gap is the highest at 33 per cent. The Committee therefore asks the Government to ensure that minimum wage rates are fixed on the basis of objective criteria, free from gender bias, and to ensure that the work in sectors with a high proportion of women, including the garment and service industries, is not undervalued in comparison with sectors in which men are predominantly employed. In order to assess whether the principle of the Convention is respected, the Committee asks the Government to indicate the method and criteria used for setting sectoral and industry-based minimum wages. Noting the lack of information in this regard, the Committee also asks the Government to provide information on the practical application of the Decree on minimum wages for workers in business enterprises, manufacturing and services sectors.
Article 3. Objective job evaluation.  Noting the Government’s indication in reply to its previous comment that it has not established any method of objective job evaluation, the Committee once again recalls that the concept of equal value enshrined in the Convention requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. Article 3 of the Convention presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see the 2012 General Survey, paragraph 695).  The Committee once again asks the Government to take the necessary measures, in cooperation with employers’ and workers’ organizations, to promote objective job evaluation methods free from gender bias, in the public and private sectors, such as: (i) identifying and eliminating the influence of stereotypes and prejudices with regard to women’s work which cause predominantly female jobs to be undervalued; and (ii) identifying traditional job evaluation methods designed on the basis of the requirements of male-dominated jobs in order to adopt gender neutral evaluation methods instead. The Government is asked to provide information on any progress achieved in this regard.
Article 4. Cooperation with the social partners.  With reference to its previous comments, the Committee notes the Government’s statement that collective agreements are not registered in any labour administration agency and therefore the Government cannot provide information on how collective bargaining gives effect to the principle of the Convention, as set out in section 170 of the Labour Law. In this regard, the Committee recalls that governments should take the necessary steps, in cooperation with the social partners, to ensure that provisions of collective agreements observe the principle of equal remuneration for men and women for work of equal value (2012 General Survey, paragraph 680). The Committee therefore asks the Government to take steps, in cooperation with employers’ and workers’ organizations, to ensure that collective agreements observe the principal of equal remuneration for men and women for work of equal value.
Enforcement. The Government states that the courts and labour inspectors have not registered any case of violation of section 15 of the LDPW or section 96 of the Labour Law. In this regard, the Committee refers to its direct request on the implementation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).  Noting the absence of information communicated, the Committee once again asks the Government to provide specific information on any steps taken to raise awareness among workers, employers and their respective organizations and to engage in the capacity building of judges and the labour inspectorate on the application of the principle of the Convention. 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 96 of the Labour Law, as well as information on any violations recorded by the labour inspectorate.
Statistical data.  The Committee previously noted that, in accordance with section 156(5) of the Labour Law, the Ministry of Labour and Social Welfare is responsible for conducting research on labour and collecting statistics and information on the labour market, but that the Government has not collected statistics on the respective earnings levels of men and women in the different sectors of the economy and in different occupations. It requested the Government to make the necessary efforts to collect and analyse sex-disaggregated data on the remuneration levels in the various industries, in the public and private sectors, and for the different occupational categories. The Committee notes with interest that a Labour Force Survey was undertaken in 2017. It notes that the labour participation rate of men was 45.2 per cent compared to 36.5 per cent for women, and that women are more likely than men to be outside the labour force for family-related reasons. The Committee asks the Government to ensure that the Labour Force Survey 2017 is updated on a regular basis. The Government is asked to provide information on the distribution of men and women and their respective remuneration levels, in the various industries, in the public and private sectors, and in the different occupational categories. The Committee also asks the Government to provide information on the measures taken to address effectively discrimination and unequal pay, including its underlying causes, and to assess whether the measures taken are having a positive impact.

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Article 1(a) of the Convention. Definition of remuneration. In its previous comments, the Committee had asked the Government to clarify whether the terms “wages or salary” in section 96 of the Labour Law 2014 refer to the “total salary” defined in section 106 and whether the term “remuneration” contained in section 15 of the Law on the Development and Protection of Women 2004 (LDPW) and “wages or salary” in section 96 of the Labour Law include the ordinary, basic or minimum wage or salary as well as any additional emoluments whatsoever payable directly or indirectly whether in cash or kind, as stated in the Convention. The Committee notes that, in its report, the Government indicates that the term “remuneration” in section 15 of the LDPW has the same meaning as “salary, wages, and total salary” in sections 104 and 106 of the previous Labour Law 2007. Once again, the Committee observes that it is not clear, from the Government’s reply, what is included in the term “salary or wages” of section 96 of the current Labour Law 2014 and in the term “remuneration” of section 15 of the LDPW, and if they are intended to be interchangeable. The Committee recalls that the broad definition of remuneration set out Article 1(a) of the Convention captures all elements that a worker may receive for his or her work, including payments in cash as well as in kind; and payments made directly or indirectly by the employer to the worker which arise out of the worker’s employment. Therefore, the Committee reiterates its request to the Government to clarify whether the terms “wages and salary” in section 96 of the Labour Law 2014 and “remuneration” contained in section 15 of the LDPW include the ordinary, basic or minimum wage or salary as well as any additional emoluments whatsoever payable directly or indirectly whether in cash or kind.
Article 1(b). Work of equal value. Private sector. The Committee had previously asked the Government to provide information on the practical application of section 15 of the LDWP (equal remuneration and benefits for women and men who have the same position, task, work or responsibility) and section 96 of the revised Labour Law 2014 (which no longer refers to “work of equal value”) to jobs of an entirely different nature, involving different positions, tasks, work and responsibility, but which are nevertheless of equal value. It had also requested the Government to clarify – with respect to section 96 – whether a claim can be brought for a violation of equal remuneration for work of equal value, if work compared is overall of equal value based on a range of factors and whether the legislation allows for broad comparisons between jobs performed by men and women in different labour units, enterprises or between different employers. The Committee notes that the Government has not replied to its previous comments in this regard and draws once again the attention of the Government to the fact that, only providing for equal salaries or wages between men and women generally may not be sufficient to give effect to the Convention, as it does not capture the concept of “work of equal value”. The Committee recalls that the concept of “work of equal value” set out in the Convention 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. Moreover, application of the Convention is not limited to comparisons between men and women in the “same labour unit” and allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers (see General Survey on the fundamental Conventions, 2012, paragraphs 673 and 697). Consequently, the Committee requests the Government to clarify – with respect to section 96 – whether a claim can be brought for a violation of equal remuneration for work of equal value, if work compared is overall of equal value based on a range of factors and whether the legislation allows for broad comparisons between jobs performed by men and women in different labour units, enterprises or between different employers. The Committee also requests the Government to provide information on the practical application of section 15 of the LDWP and section 96 of the Labour Law 2014 to jobs of an entirely different nature, involving different positions, tasks, work and responsibility, but which are nevertheless of equal value.
Article 2(1). Scope of application. Public sector. Noting that the right to equal remuneration for men and women for work of equal value is not set out in the Governmental Decree on Public Servants No. 82/PM of 2003, the Committee asked the Government to provide information on the measures taken or envisaged to ensure that equal remuneration for men and women for work of equal value is applied in practice for public servants, and to provide statistics on the distribution of men and women in the different posts of the public service and their corresponding levels of earnings. The Committee notes that the Government does not provide new information in this regard. Therefore, the Committee once again requests the Government to indicate whether the applicable substantive and procedural provisions, in practice, allow claims regarding equal remuneration for work of equal value to be brought successfully by civil servants particularly through local mediation (see General Survey on the fundamental Conventions, 2012, paragraph 871). It also requests the Government to provide statistics on the distribution of men and women in the different posts of the public service and their corresponding levels of earnings.
Private sector. Previously, the Committee noted that it was unclear whether the revised Labour Law 2014 covers “household workers” even though it provides that they must “comply with the working contract”, and therefore requested the Government to indicate how the principle of the Convention is applied to household workers. Noting that the report is silent on the question, the Committee reiterates its request to the Government to indicate how the principle of the Convention is applied to household workers.
Article 2(2). Wage determination. Noting that, pursuant to section 108 of the Labour Law 2014, the State is responsible for determining the levels of minimum wage based on consultations, and that the “minimum wage can be determined for each sector”, the Committee previously asked the Government to indicate the method and criteria used for setting sector-level and industry-based minimum wages and how it is ensured that minimum wages in female-dominated occupations or sectors, such as the garment industry, are not set below the rates applying to male-dominated occupations or sectors involving work of equal value. The Committee notes that the Government’s report does not provide any new information in this regard. It notes however, from the Government’s eighth and ninth report to the United Nations Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) of August 2017, the new Decree on minimum wages for workers in business enterprises, manufacturing and services sectors and a Notification on improving minimum wages in February 2015. The Government further indicated in its report to CEDAW that women occupy 71.8 per cent of the service sector (CEDAW/C/LAO/8-9, paragraphs 98 and 121). The Committee reiterates its request that the Government indicate: (i) the method and criteria used for setting sector-level and industry-based minimum wages; and (ii) how it is ensured that minimum wages in female-dominated occupations or sectors, including the garment and the service industries, are not set below the rates applying to male-dominated occupations or sectors involving work of equal value. Please also provide information on the practical application of the Decree on minimum wages. The Committee also requests the Government to provide information on any collective agreements registered under section 170 of the Labour Law 2014, applying the principle of the Convention.
Article 3. Objective job evaluation. The Committee previously noted that according to section 156(5) of the Labour Law 2014, the Ministry of Labour and Social Welfare is responsible for conducting research on labour, statistics and information, and the labour market, but that the Government had not collected any statistics on the respective earning levels of men and women in the different sectors of the economy and in different occupations. The Committee notes that, since 2011, no information has been provided by the Government regarding the promotion of objective job evaluation methods free from gender bias. It recalls that the concept of “equal value” enshrined in the Convention requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. Article 3 of the Convention presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see General Survey on the fundamental Conventions, 2012, paragraph 695). The Committee therefore requests the Government to take the necessary measures, in cooperation with workers’ and employers’ organizations, to promote objective job evaluation methods free from gender bias, in the public and private sector, such as for example: (i) identifying and eliminating the influence of stereotypes and prejudices with regard to women’s work which cause predominantly female jobs to be undervalued; and (ii) identifying traditional job evaluation methods designed on the basis of the requirements of male-dominated jobs in order to adopt gender neutral evaluation methods instead.
Article 4. Cooperation with social partners. Noting that the Government report is silent on this point, the Committee reiterates its request that the Government provide information on cooperation with employers’ and workers’ organizations to give effect to the principal of equal remuneration for men and women for work of equal value, including by means of collective agreements.
Application in practice. Judicial decisions and labour inspectorate. Noting the absence of information communicated in this regard, the Committee requests the Government to provide specific information on steps taken to raise awareness among workers, employers and their respective organizations and to engage in the capacity building of judges and the labour inspectorate to apply the principle of the Convention. The Committee further requests the Government to provide information on any court or administrative decisions regarding the application of section 15 of the LDPW and section 96 of the Labour Law 2014, as well as information on any violations recorded by the labour inspectorate.
Statistical data. Recalling the importance of collecting data and undertaking research on the actual situation, including the underlying causes, to effectively address discrimination and unequal pay, and determining if measures taken are having a positive impact, the Committee once again requests the Government to make the necessary efforts to collect and analyse sex-disaggregated data on the remuneration levels in the various industries, in the public and private sectors, and for the different occupational categories and to provide such information.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 1(a) of the Convention. Definition of remuneration. The Committee notes that in response to its previous comments, the Government indicates in its report that the term “remuneration” in section 15 of the Law on the Development and Protection of Women 2004 (LDPW) has the same meaning as “salary, wages, and other policies” in section 45 of the Labour Law of 2007. The Committee now notes that section 96 of the revised Labour Law of 2014 provides that female employees shall receive “salary or wages equal to that of male employees” and that section 106 defines the term “total salary” as “the money that an employee receives in total within a month, including basic salary, subsidies, per production unit pay and other policies”. Recalling the broad definition of remuneration set out Article 1(a) of the Convention, the Committee asks the Government to clarify whether the terms “wages and salary” in section 96 of the Labour Law 2014 refer to the “total salary” defined in section 106. The Committee also asks the Government to indicate whether the term “remuneration” contained in section 15 of the LDPW and “wages and salary” in section 96 of the Labour Law include the ordinary, basic or minimum wage or salary as well as any additional emoluments whatsoever payable directly or indirectly whether in cash or kind.
Article 1(b). Work of equal value. Private sector. Regarding the application of section 15 of the LDPW (equal remuneration and benefits for women and men who have the same position, task, work or responsibility) to jobs of an entirely different nature but of equal value, the Government indicates that section 15 is applied through equal remuneration “for men and women who perform the same work’s value at the same labour unit”. The Committee notes however that unlike section 45 of the Labour Law of 2007, the section 96 of the revised Labour Law 2014 no longer refers to “work of equal value”. The Committee draws the attention of the Government to the fact that only providing for equal salaries or wages between men and women generally may not be sufficient to give effect to the Convention as it does not capture the concept of “work of equal value”. The Committee recalls that the concept of “work of equal value” set out in the Convention 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. Moreover, application of the Convention is not limited to comparisons between men and women in the “same labour unit” and allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers (see General Survey on the fundamental Conventions, 2012, paragraphs 673 and 697). The Committee asks the Government to provide information, including relevant judicial decisions, on the practical application of section 15 of the LDWP and section 96 of the Labour Law 2014 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 96 whether a claim can be brought for a violation of equal remuneration for work of equal value, if work compared is overall of equal value based on a range of factors and whether the legislation allows for broad comparisons between jobs performed by men and women in different labour units, enterprises or between different employers.
Scope of application. Public sector. The Committee notes that the categories of workers excluded from the Labour Law 2007 pursuant to section 6 remain the same in the Labour Law 2014, and include civil servants. The Labour Law 2014 in section 6 also provides that “household workers” must “comply with the working contract”, but it is unclear whether the Law covers household workers. Regarding the public sector, the Committee notes the Government’s statement that section 15 of the LDPW is applied through the Governmental Decree on Public Servants No. 82/PM of 2003 and that the “policy on position promotion, upgrading salary scale and others are implemented equally for men and women”. The right to equal remuneration for men and women for work of equal value is however not set out in the Governmental Decree on Public Servants. The Committee also notes the Government’s indication that challenges remain in implementing equal remuneration for men and women for those not covered by the labour law and that local administration takes responsibility for solving issues through mediation and advice. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that equal remuneration for men and women for work of equal value is applied in practice for public servants, and to provide statistics on the distribution of men and women in the different posts of the public service and their corresponding levels of earnings. The Committee encourages the Government to examine whether the applicable substantive and procedural provisions, in practice, allow claims regarding equal remuneration for work of equal value to be brought successfully by civil servants particularly through local mediation (see General Survey, 2012, paragraph 871), and to provide information on the progress made in this regard. The Committee also asks the Government to indicate how the principle of the Convention is applied to household workers.
Article 2. Wage determination. The Committee notes that pursuant to section 108 of the Labour Law 2014 the State is responsible for determining the levels of minimum wage based on consultations, and that the “minimum wage can be determined for each sector”. The Committee notes that no information was provided on sector-specific minimum wages in legislation or collective agreements. The Government indicates however, that remuneration is usually higher than the minimum wage and that remuneration in the garment industry is between US$150 to $200 per month, in mining and steel production between $300 to $350 per month and in the service sector between $200 and $300 per month. In this regard, the Committee notes from the World Bank’s 2012 report “Labour Standards and Productivity in the Garments Export Sector” that the garment industry employs some 20,000 workers, of which 85 per cent are women. The Committee draws the attention of the Government to paragraph 683 of its General Survey on the fundamental Conventions, 2012, in which it noted the tendency to set lower wages for sectors predominantly employing women. The Committee asks the Government to indicate the method and criteria used for setting sector-level and industry-based minimum wages and how it is ensured that minimum wages in female-dominated occupations or sectors, such as the garment industry, are not set below the rates applying to male-dominated occupations or sectors involving work of equal value. Please also provide information on any collective agreements registered under section 170 of the Labour Law 2014, applying the principle of the Convention.
Article 3. Objective job evaluation. The Committee welcomes the information provided on the measures taken by the Government to promote gender equality; it notes however that no information was provided regarding the promotion of objective job evaluation methods free from gender bias. The Committee recalls that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. Article 3 of the Convention presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see General Survey, 2012, paragraph 695). The Committee once again 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 the Government’s statement that leading up to the 2014 revision of the Labour Law, a Labour Law Revision Committee (LLRC) was established including employers’ and workers’ organizations as well as the Federation of Lao Women, and that during the revision process the LLRC took into account ILO technical advice and ILO Conventions. The Committee asks the Government to continue to provide specific information on any cooperation with employers’ and workers’ organizations to give effect to the principle of equal remuneration for men and women for work of equal value, including by means of collective agreements.
Part IV of the report form. The Committee notes from the Government’s report that no claims of violation of section 15 of the LDPW were recorded during the reporting period. The Committee recalls that the absence of complaints does not necessarily mean that the Convention and the national legislation are effectively applied and is more likely to indicate a lack of awareness of the rights, a lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey, 2012, paragraph 870). The Committee asks the Government to provide specific information on steps taken to raise awareness among workers, employers and their respective organizations and to engage in the capacity building of judges and the labour inspectorate to apply the principle of the Convention. The Committee further asks the Government to continue to provide information on any court or administrative decisions regarding the application of section 15 of the LDPW and section 96 of the Labour Law 2014, as well as information on any violations recorded by the labour inspectorate.
Part V. The Committee notes the Government’s statement that no statistics are collected on the respective earning levels of men and women in the different sectors of the economy and in different occupations. The Committee notes that according to section 156(5) of the Labour Law 2014, the Ministry of Labour and Social Welfare is responsible for conducting research on labour, statistics and information, and the labour market. The Committee draws the Government’s attention to the importance of collecting data and undertaking research on the actual situation, including the underlying causes, for addressing appropriately discrimination and unequal pay, and determining if measures taken are having a positive impact (see General Survey, 2012, paragraph 869). The Committee asks the Government to make the necessary efforts to collect and analyse sex disaggregated data on the remuneration levels in the various industries, in the public and private sectors, and for the different occupational categories and to provide such data with its next report.

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Article 1(a) of the Convention. Definition of remuneration. The Committee notes that in response to its previous comments, the Government indicates in its report that the term “remuneration” in section 15 of the Law on the Development and Protection of Women 2004 (LDPW) has the same meaning as “salary, wages, and other policies” in section 45 of the Labour Law of 2007. The Committee now notes that section 96 of the revised Labour Law of 2014 provides that female employees shall receive “salary or wages equal to that of male employees” and that section 106 defines the term “total salary” as “the money that an employee receives in total within a month, including basic salary, subsidies, per production unit pay and other policies”. Recalling the broad definition of remuneration set out Article 1(a) of the Convention, the Committee asks the Government to clarify whether the terms “wages and salary” in section 96 of the Labour Law 2014 refer to the “total salary” defined in section 106. The Committee also asks the Government to indicate whether the term “remuneration” contained in section 15 of the LDPW and “wages and salary” in section 96 of the Labour Law include the ordinary, basic or minimum wage or salary as well as any additional emoluments whatsoever payable directly or indirectly whether in cash or kind.
Article 1(b). Work of equal value. Private sector. Regarding the application of section 15 of the LDPW (equal remuneration and benefits for women and men who have the same position, task, work or responsibility) to jobs of an entirely different nature but of equal value, the Government indicates that section 15 is applied through equal remuneration “for men and women who perform the same work’s value at the same labour unit”. The Committee notes however that unlike section 45 of the Labour Law of 2007, the section 96 of the revised Labour Law 2014 no longer refers to “work of equal value”. The Committee draws the attention of the Government to the fact that only providing for equal salaries or wages between men and women generally may not be sufficient to give effect to the Convention as it does not capture the concept of “work of equal value”. The Committee recalls that the concept of “work of equal value” set out in the Convention 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. Moreover, application of the Convention is not limited to comparisons between men and women in the “same labour unit” and allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers (see General Survey on the fundamental Conventions, 2012, paragraphs 673 and 697). The Committee asks the Government to provide information, including relevant judicial decisions, on the practical application of section 15 of the LDWP and section 96 of the Labour Law 2014 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 96 whether a claim can be brought for a violation of equal remuneration for work of equal value, if work compared is overall of equal value based on a range of factors and whether the legislation allows for broad comparisons between jobs performed by men and women in different labour units, enterprises or between different employers.
Scope of application. Public sector. The Committee notes that the categories of workers excluded from the Labour Law 2007 pursuant to section 6 remain the same in the Labour Law 2014, and include civil servants. The Labour Law 2014 in section 6 also provides that “household workers” must “comply with the working contract”, but it is unclear whether the Law covers household workers. Regarding the public sector, the Committee notes the Government’s statement that section 15 of the LDPW is applied through the Governmental Decree on Public Servants No. 82/PM of 2003 and that the “policy on position promotion, upgrading salary scale and others are implemented equally for men and women”. The right to equal remuneration for men and women for work of equal value is however not set out in the Governmental Decree on Public Servants. The Committee also notes the Government’s indication that challenges remain in implementing equal remuneration for men and women for those not covered by the labour law and that local administration takes responsibility for solving issues through mediation and advice. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that equal remuneration for men and women for work of equal value is applied in practice for public servants, and to provide statistics on the distribution of men and women in the different posts of the public service and their corresponding levels of earnings. The Committee encourages the Government to examine whether the applicable substantive and procedural provisions, in practice, allow claims regarding equal remuneration for work of equal value to be brought successfully by civil servants particularly through local mediation (see General Survey, 2012, paragraph 871), and to provide information on the progress made in this regard. The Committee also asks the Government to indicate how the principle of the Convention is applied to household workers.
Article 2. Wage determination. The Committee notes that pursuant to section 108 of the Labour Law 2014 the State is responsible for determining the levels of minimum wage based on consultations, and that the “minimum wage can be determined for each sector”. The Committee notes that no information was provided on sector-specific minimum wages in legislation or collective agreements. The Government indicates however, that remuneration is usually higher than the minimum wage and that remuneration in the garment industry is between US$150 to $200 per month, in mining and steel production between $300 to $350 per month and in the service sector between $200 and $300 per month. In this regard, the Committee notes from the World Bank’s 2012 report “Labour Standards and Productivity in the Garments Export Sector” that the garment industry employs some 20,000 workers, of which 85 per cent are women. The Committee draws the attention of the Government to paragraph 683 of its General Survey on the fundamental Conventions, 2012, in which it noted the tendency to set lower wages for sectors predominantly employing women. The Committee asks the Government to indicate the method and criteria used for setting sector-level and industry-based minimum wages and how it is ensured that minimum wages in female-dominated occupations or sectors, such as the garment industry, are not set below the rates applying to male-dominated occupations or sectors involving work of equal value. Please also provide information on any collective agreements registered under section 170 of the Labour Law 2014, applying the principle of the Convention.
Article 3. Objective job evaluation. The Committee welcomes the information provided on the measures taken by the Government to promote gender equality; it notes however that no information was provided regarding the promotion of objective job evaluation methods free from gender bias. The Committee recalls that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. Article 3 of the Convention presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see General Survey, 2012, paragraph 695). The Committee once again 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 the Government’s statement that leading up to the 2014 revision of the Labour Law, a Labour Law Revision Committee (LLRC) was established including employers’ and workers’ organizations as well as the Federation of Lao Women, and that during the revision process the LLRC took into account ILO technical advice and ILO Conventions. The Committee asks the Government to continue to provide specific information on any cooperation with employers’ and workers’ organizations to give effect to the principle of equal remuneration for men and women for work of equal value, including by means of collective agreements.
Part IV of the report form. The Committee notes from the Government’s report that no claims of violation of section 15 of the LDPW were recorded during the reporting period. The Committee recalls that the absence of complaints does not necessarily mean that the Convention and the national legislation are effectively applied and is more likely to indicate a lack of awareness of the rights, a lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey, 2012, paragraph 870). The Committee asks the Government to provide specific information on steps taken to raise awareness among workers, employers and their respective organizations and to engage in the capacity building of judges and the labour inspectorate to apply the principle of the Convention. The Committee further asks the Government to continue to provide information on any court or administrative decisions regarding the application of section 15 of the LDPW and section 96 of the Labour Law 2014, as well as information on any violations recorded by the labour inspectorate.
Part V. The Committee notes the Government’s statement that no statistics are collected on the respective earning levels of men and women in the different sectors of the economy and in different occupations. The Committee notes that according to section 156(5) of the Labour Law 2014, the Ministry of Labour and Social Welfare is responsible for conducting research on labour, statistics and information, and the labour market. The Committee draws the Government’s attention to the importance of collecting data and undertaking research on the actual situation, including the underlying causes, for addressing appropriately discrimination and unequal pay, and determining if measures taken are having a positive impact (see General Survey, 2012, paragraph 869). The Committee asks the Government to make the necessary efforts to collect and analyse sex disaggregated data on the remuneration levels in the various industries, in the public and private sectors, and for the different occupational categories and to provide such data with its next report.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Repetition
Article 1(a) of the Convention. Definition of remuneration. The Committee notes that section 15 of the Law on 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.

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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.
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