Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Equal Remuneration Convention, 1951 (No. 100) - China - Macau Special Administrative Region (Ratification: 1999)

Article 1(b) of the Convention. Equal pay for work of equal value. Legislation. The Committee recalls the inconsistency between the Portuguese text and the Chinese and English texts with respect to section 57(2) of the Labour Relations Law (No. 7/2008). In particular, while the Portuguese text refers to “equal work or work of equal value”, the Chinese and English texts refer only to “equal work”, with no specific reference to “work of equal value”. The Committee also recalls that section 9 of Legislative Decree No. 52/95/M of 9 October 1995, provides for equal remuneration for men and women for equal work or work of equal value. The Committee notes that the Government’ indicates in its report that pursuant to section 9 of the Basic Law of 1993 and sections 1 and 2 of Decree Law No. 101/99/M (Approval of the Status of the Official Languages), the Chinese and Portuguese texts of laws, Acts and proposals are equally authoritative, while the English text is used only for reference. The Government also indicates that it is in the process of revising the Labour Relations Law. While taking due note of the fact that the Chinese versions are given the same level of authority as Portuguese versions for the purposes of legislative interpretation, the Committee considers that the Portuguese version of section 57(2) of the Labour Relations Law needs to be consistent with the Chinese version for the principle of the Convention to be fully applied in legislation. The Committee, therefore, reiterates its request to the Government to take steps to harmonize the Chinese and Portuguese language versions of the Labour Relations Law (No. 7/2008) and Legislative Decree No. 52/95/M, so as to ensure that full legislative expression is given to the principle of equal remuneration for men and women for work of equal “value”, allowing not only for comparisons to be made between work that is the same or similar, but also comparing work that is of an entirely different nature but, nevertheless, of equal value. It asks the Government to provide information on measures taken in this regard, including during the process of reviewing and revising the Labour Relations Law.

Article 2. Minimum wages. The Committee notes the Government’s indication that the minimum wage of workers providing cleaning and security services outsourced by the public sectors has been further increased since 2015, and that a bill has been introduced to the Legislative Council entitled “Minimum Wage for Workers Providing Cleaning and Security Services in Property Management Operations”. The Government also indicates that a study towards a general minimum wage system will be conducted once the above law has been enacted and taken effect. The Committee also notes the Government’s indication that it has extended the duration of the implementation of Administrative Regulation No. 6/2008 (Interim Measures on Work Income Subsidy) throughout 2013 and 2014, thereby continuing its subsidy of low-income workers so they may maintain a monthly income of 5,000 Macau patacas as of 2014. The Committee asks the Government to continue to provide information on legislative progress made to implement a minimum wage scheme for workers providing cleaning and security services in property management operations, as well as measures taken towards the establishment of a generalized minimum wage system as a means to implement the principles of the Convention. It also asks the Government to provide information on the impact of the temporary measure concerning subsidies to remuneration on narrowing the gender pay gap, as well as the results of the study towards a general minimum wage system once it is available.

Articles 2 and 4. The gender pay gap and occupational segregation. The Committee previously asked the Government to take measures to address occupational gender segregation, including through vocational training courses and activities, with a view to reducing the persistent gender pay gap. The Committee notes from the Statistics and Census Service’s Employment Survey of the second quarter of 2016, the persistent gender segregation of the labour market manifests itself as follows: more men workers are represented in the electricity; construction; transport and real estate industries; whereas more women workers are represented in the education; health and social welfare; and domestic work activities. In terms of occupation, men are more highly represented among legislators and government officials, craftspersons, and machine operators, whereas women are more highly represented among clerks and unskilled workers. The Committee further notes from the statistics provided by the Government that, as of 2014, the median monthly employment income of industries and occupations where men predominate were generally higher than those in which women predominate; overall, the median income gender gap was 20 per cent. The gender income gap is as high as 25 per cent for the finance and the health and social welfare industries. It is 11.8 per cent for office clerks, services’ and sales’ workers and 41.8 per cent for non-technical workers. The Government indicates that upward mobility for women workers has been negatively impacted by factors such as limited choices of industries for the employment of women, especially those with a low level of education, family responsibilities, and limited opportunities for promotion for women over the age of 35. With regard to measures taken, the Government indicates that the Labour Affairs Bureau gathers information such as market demand and skills requirements in collaboration with social partners, and provides workers with training and skill-test opportunities. The Committee notes, however, that enrolment rates of women of the age groups of 15–24 and 25–35 years are far lower than those of men, while in the age groups of 45–54 and 55–62 years, the enrolment rates for women are much higher than those for men. Also, more women tend to enrol in training courses in areas including hotels, catering, real estate, accounting, and floral design. The Government indicates that the Commission of Women Affairs is developing the Macau Women Development Goals, which aims to integrate data from relevant departments to effectively enable women to work in diverse occupations. Noting the significant gender pay gap in some industries and occupations, the Committee asks the Government to step up its efforts to reduce the gender pay gap, including through measures to address the obstacles to women’s upward mobility and improve their access to a wider range of job opportunities, including in sectors and occupations in which they are under-represented. It also requests the Government to provide information on the measures taken to encourage the participation of women, especially young women and women of child bearing age, in a wider variety of vocational training courses, including those leading to career opportunities and employment in higher-paid occupations and sectors. The Committee further asks the Government to provide information on the results of any studies undertaken on the gender remuneration gap and its causes, and provide updated statistics, disaggregated by sex, branch of economic activity, and occupation or occupational group.

Measures to promote the application of the principle of the Convention. The Committee notes the Government’s indication that various measures to raise public awareness and understanding of Legislative Decree No. 52/95/M of 9 October 1995, have been implemented by the Labour Affairs Bureau, including briefing sessions, various multimedia broadcasts and publications, and events such as park fairs. The Government also indicates that the tripartite Standing Committee for Coordination of Social Affairs has been reviewing relevant labour issues and proposing measures through tripartite coordination and communication, such as the revision of the Labour Relations Law and the Law for the Employment of non-resident Workers. The Committee observes, however, that it still remains unclear if these measures are specifically targeted to promoting the application of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on measures taken or envisaged that specifically target workers, employers, and their organizations in order to ensure they are aware of the principle of equal remuneration for men and women for work of equal “value”. The Committee also requests specific information on the role and impact of workers’ and employers’ organizations in the Standing Committee for Coordination of Social Affairs in giving effect to the principle of the Convention.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that private-sector industries have traditionally established their own job evaluation criteria, but that it will carry out a study on objective job-evaluation systems in due course. The Committee trusts the Government will start to take the measures necessary to conduct objective job evaluations in the private sector, and invites the Government to provide information on steps taken in this regard. Recalling the occupational gender segregation characterizing the labour market, and the absence of objective job evaluation in the private sector, the Committee repeats its request to the Government to provide information on the steps taken to ensure that pay rates are based on objective criteria free from gender bias, so that the work in female-dominated sectors is not being undervalued compared to male-dominated sectors. The Committee also asks the Government to provide information on the findings of the study on objective job-evaluation systems.

Enforcement. The Committee notes the Government’s indication that the Labour Affairs Bureau provided training for labour inspectors on relevant laws and regulations and international labour Conventions, and that it has developed a Guidance Note on Equal Remuneration for Men and Women Workers for Work of Equal Value, to assist labour inspectors to analyse whether an employer has engaged in non-compliance. The Government also reports that there have been no court decisions issued between June 2012 and May 2015, involving legal provisions on equal remuneration, nor have any complaints been submitted to the Labour Affairs Bureau on this matter. The Committee welcomes the training measures provided to labour inspectors as outlined above, and asks the Government to provide detailed information on the outcomes of such measures, including information on labour inspections conducted, the number and type of violations detected or reported regarding the principle of the Convention, action taken, and their results. The Committee also asks the Government to continue to provide information on any cases addressed by the other competent authorities involving the relevant legal provisions on equal remuneration, including information on remedies provided and sanctions imposed. It also asks the Government to send a copy of the Portuguese version of the guide for the inspectors, as previously requested by the Committee.