Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee notes with interest the information the Government provided with its first report and of the various annexes, including legislation.

Article 2(1) of the Convention. The Committee asks the Government to provide detailed information in its next report on the manner in which the application of the principle of equal remuneration between men and women workers for work of equal value is promoted.

Article 2(2)(a). The Committee notes that the principle of equal remuneration between men and women workers for work of equal value is contained in the law. However, it notes that section 9(1) of Legislative Decree No. 52/95/M lays down that the principle of equal remuneration for equal work or for work of equal value applies to work performed for the same employer. It also notes that the definitions of "equal work" and "work of equal value" contained in section 3(c) and (d) of Legislative Decree No. 52/95/M also provide that the jobs to be compared should be jobs performed for the same employer. The Committee draws the Government’s attention to the fact that these definitions are more restrictive than the Convention provides, since the principle of equality of remuneration between men and women may also apply to jobs performed for different employers. The Committee asks the Government to indicate the scope for fixing wages (e.g. on the national, sector, industry and enterprise levels). It also asks the Government to indicate the manner in which comparisons can be made beyond one employer when wages are set beyond the level of one employer.

Article 2(2)(c). The Committee notes that section 27(1) of Legislative Decree No. 24/89/M provides that wages should be agreed between the employer and the worker within the limits established by the custom, regulations, collective agreements and the legislation. The Committee asks the Government to provide information on the measures taken to promote knowledge and awareness of the principle of equality of remuneration between men and women for work of equal value, with special attention to collective bargaining. It also asks the Government to submit copies of collective agreements and of industrial regulations which include the principle of the Convention.

Article 3(1)(2). The Committee notes that there is no information in the Government’s first report on the promotion of objective appraisal of jobs on the basis of the work to be performed. Referring to the need for "work of equal value" to be based on a comparison of jobs of a different nature, it is important that there exist methods and procedures which are easy to use and to access and which are capable of ensuring that the criterion of sex is not directly or indirectly taken into account in the comparison. The Committee asks the Government to provide information in its next report on the existence of a methodology to establish evaluation of job classifications in both the private and public sectors.

Article 4. The Committee takes note of the indication provided by Government in its first report according to which representative associations of workers and employers are extensively involved in the socio-labour sphere to avoid different wages due solely to the fact that they relate to male or female labour. The Committee trusts that the Government will provide detailed information on the manner in which workers’ and/or employers’ organizations assist in the application of the principle of the Convention (e.g. a mechanism for consultation when wages are fixed in the public sector). The Committee also takes note of the Government’s indication that the Standing Committee on Social Cooperation is a tripartite consultative body to the Head of the Executive to promote social-labour policy and that this Committee should express its views regarding strict compliance, in particular, with the application of the Articles of the Convention. Noting that this committee could put forward proposals and recommendations on its own initiative, the Committee asks the Government to submit information with its next report on the activities of the Standing Committee on Social Cooperation related to the application of the Convention, in particular, with a view to elaborating a machinery for wage determination and on methods for the objective appraisal of jobs.

Part III of the report form. The Committee notes that according to the Government’s first report, the Labour and Employment Services Directorate (DSTE) is entrusted with responsibility for promoting actions for the enforcement of ILO instruments, and that the Labour Inspection Department (DIT), is in charge of monitoring compliance with ratified ILO Conventions. The Committee asks the Government to provide information in its next report on the training given to officials of the DIT to ensure the application of the principles of the Convention.

Part V of the report form. The Committee asks the Government to provide statistical data, disaggregated by sex, related to the remuneration in different sectors and levels of occupations according to the 1998 general observation (attached for ease of reference), and in activities with a large concentration of women. It also asks the Government to provide information about the existence of cases before judicial bodies related to contraventions of the principle of equality of remuneration between men and women for work of equal value.