Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

1. Part V of the report form. Application in practice. The Committee notes with interest the study entitled, "Equality, labour and social protection for Women and men in the formal and informal economy in Vietnam: Issues for advocacy and policy development" published by the Research Centre for Female Labour and Gender of the Ministry of Labour, Invalids and Social Affairs (MOLISA) in cooperation with the ILO. According to this study, female workers received in 2000 on average 86 per cent of the basic wage of male workers, thus indicating a gender wage gap of 14 per cent. In small production units, this gap was smaller than in formal sector enterprises, while the greatest differentials existed in cooperatives, with women’s basic wages amounting to only 68 per cent of men’s. Taking together the basic wage plus overtime remuneration and allowances, women earn, on average, around 89 per cent of men’s income. The study also found that, depending on the type of enterprise in which women are employed, their income from overtime work and other allowances may be higher or lower than that of their male counterparts. The Committee further notes from the document, "Statistics on women and men in Viet Nam" published by the National Committee for the Advancement of Women in Viet Nam that in 1997-98 women’s average hourly wage was lower at all levels of education in rural and urban areas, with the greatest differential among male and female university graduates in urban areas. The Committee is concerned to note from the abovementioned ILO/MOLISA study that in the enterprises surveyed by that study women’s wages were consistently lower, while additional income is provided to women workers "where these women had been assessed as having met all the criteria to the same level as male workers". In the light of these findings, the Committee encourages the Government to take the necessary measures to address these inequalities with regard to remuneration of men and women and to promote and ensure the full application of the Convention. In this regard, the Government is invited to consider the following comments by the Committee and to take action on a number of matters, as outlined below.

2. The Committee asks the Government so far as possible to collect and provide statistical information, disaggregated by sex, on the income levels of men and women in the various sectors, occupational groups and levels of employment (in accordance with the 1998 general observation on this Convention).

3. Article 1(a) of the Convention. Definition of remuneration. It is necessary under the Convention that equal remuneration for men and women for work of equal value is established with regard to the basic wage and overtime payments, as well as to any other additional payments made arising out of the worker’s employment. Given that gender-based income differentials exist as regards the basic wage, overtime work and additional allowances, the Committee reiterates its request to the Government to indicate whether the equal pay provisions in the Labour Code and the other relevant decrees cover emoluments in addition to basic wages. Please also provide information on any measures taken to assess the extent to which men and women receive additional emoluments (e.g. benefits, allowances, bonuses, employment-based pensions, or in the provision of uniforms and tools), as well as on the conditions and criteria according to which additional emoluments are paid.

4. Article 1(b). Equal remuneration for work of equal value.  The Committee recalls its concern that the Labour Code requirement of equal pay for equal work is more restricted than the Convention which requires equal remuneration for men and women for work of equal value. While the Labour Code appears to require equal remuneration for men and women doing identical jobs, the Convention envisages that the scope of comparison must be broader, allowing for comparison between the remuneration of men and women not only performing identical jobs, but also jobs which are different but nevertheless of equal value. This broad scope of comparison is crucial in eliminating indirectly discriminatory pay differentials that occur through horizontal and vertical segregation of women in the labour market and in eliminating the underestimation of the value of work traditionally performed by women. The Committee therefore invites the Government to consider giving full legislative expression to the principle of the Convention and to indicate in its next report the steps taken in this regard.

5. Articles 2 and 3. Non-discriminatory determination of wages. The Government is asked to ensure that the design and application of wage scales in the public sector are in accordance with the principle of the Convention, and to promote non-discriminatory design and use of wage scales in the private sector. In this regard the Committee notes the Government’s indication that discrimination does not occur in state-owned enterprises where a Government promulgated wage scale is applied. In the private sector, enterprises are obliged to design wage scales in line with principles established by the Government and to consult with workers’ representatives in this regard. The Committee also notes the Government’s indication that the methodology used by MOLISA in fixing wages in specific regions is to promulgate instruments on principles of wage scale design. In this context, the Committee emphasizes that the use of wage scales in itself is not sufficient to promote and ensure the application of the principle of equal remuneration for men and women for work of equal value. In order to continue a dialogue with the Government on whether wage scales are being developed and used in a manner that promotes the application of the Convention, the Committee asks the Government to supply the following information:

(a)  the actual wage scales applied in the public sector and the numbers of women and men in the various occupational categories and their wage levels;

(b)  the principles promulgated by the Government to guide the design of wage scales in the private sector;

(c)  examples of private sector wage scales;

(d)  information on the manner in which the Government ensures that an objective and analytical evaluation of job content is undertaken so as to avoid the introduction of sex stereotypes regarding the value of particular jobs;

(e)  information on any action taken to follow up on the recommendation of the abovementioned study to develop and implement "appropriate wage-fixing mechanisms and corresponding practices based on job descriptions, irrespective whether work is done by men or women".

6. With regard to the Committee’s previous request to the Government for information on the existence of any collective work agreements which include wages or job classifications, the Government is asked to resend the two collective agreements referred to in the Government’s report, as these attachments were not received by the ILO. Please also indicate any activities undertaken by the social partners to promote application of the Convention.

7. Part III of the report form. Enforcement. The Committee reiterates its request to the Government to provide information on the manner in which the labour inspectorate supervises and ensures the application of the relevant legislation and the application of equal remuneration for work of equal value between men and women including information on the methods used. Please also indicate whether any relevant complaints have been made, and how the complaints have been handled including findings, remedies and sanctions.