Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Equal Remuneration Convention, 1951 (No. 100) - Malaysia (Ratification: 1997)

The Committee takes note of the Government’s first report.

1. Articles 1 and 2 of the Convention. The Committee notes that the legislation does not make any specific reference to the principle of equal remuneration between men and women for work of equal value. It notes with some concern that the Constitution, the Employment Act and the Wages Council Act do not prohibit sex discrimination. Considering that the lack of legal protection against sex discrimination impairs the application of the Convention, the Committee would be grateful if the Government would indicate whether it has given any consideration to introducing amendments to prohibit sex discrimination in employment, including in remuneration, and to require equal remuneration between men and women for work of equal value.

2. The Committee draws the attention of the Government to the very broad definition of remuneration contained in Article 1 of the Convention. Noting that the definitions of wages established by the Employment Act and that of remuneration contained in the Wages Council Act do not encompass emoluments in kind and also provide for exclusion of elements of remuneration which are covered by the Convention, the Committee asks the Government to indicate how the principle of equality between men and women will be guaranteed in respect of emoluments excluded from these definitions.

3. The Committee notes that the Government has implemented since 1969 an "equal pay for equal work policy". It asks the Government to supply information on this policy and on the progress achieved through its implementation in relation to the application of equal remuneration between men and women for work of equal value. The Committee also notes the National Policy on Women and the Action Plan for Women’s Development as well as the existence of various ministerial departments and institutions dealing with women’s issues. It asks the Government to provide information on the measures taken for equal remuneration under the abovementioned policies and bodies. It also requests information on the results obtained in respect to enhancing women’s position in the labour market and promoting equal pay between men and women for work of equal value.

4. The Committee notes the Government’s statement that in the private sector collective bargaining may be used to determine remuneration and it requests copies of any relevant agreements. Furthermore, it invites the Government to provide information on the methods used in non-unionized workplaces to determine remuneration. The Government is also asked to supply the wage regulations adopted under the Wages Council Act. In addition, the Committee would be grateful for information on the manner in which the Government is promoting the inclusion of equal pay provisions in collective agreements and on the manner in which the Wages Council uses its competence to guarantee that equal remuneration between men and women for work of equal value is applied in the wage regulations.

5. Article 3. The Committee requests the Government to provide information on the methodology used for fixing wages in the public sector and on how equal pay for work of equal value is ensured, such as through the application of objective job evaluation systems.

6. Noting the Government’s statement that in the public service there is no longer any difference in fact or in law, between the remuneration of men and women civil servants, the Committee asks the Government to supply data on the distribution of women and men in the federal and state civil service by earnings level. Moreover, it invites the Government to supply statistical information, disaggregated by sex, in accordance with the 1998 general observation on the Convention, as well as information on the criteria employed for the classification of posts and determination of wages in both the private and public sectors. Please also include data on migrant workers in the statistical information.

7. Article 4. The Committee asks the Government to provide information on the manner in which the industrial court ensures that the principle of equal pay for work of equal value is applied in the collective agreements submitted to its approval. Noting that the National Labour Advisory Council is the highest tripartite consultative forum for labour issues, the Committee asks the Government to supply information on whether the Council has given any consideration to the issue of equal pay between men and women for work of equal value.

8. Part III of the report form. The Committee invites the Government to provide information on the manner in which the application of the principle of equal pay as enshrined by the Convention is supervised and ensured.

9. Part IV of the report form. Noting the Government’s indication that the parties to a collective agreement are entitled to bring any matters regarding any disputes before an industrial court for an award, the Committee asks the Government to provide statistics of the disputes concerning the principle of equal pay for work of equal value.