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

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

1. Articles 1 and 2 of the Convention. Lack of provision for equal remuneration for work of equal value. The Committee notes the Government’s statement that there is no legislative reference to equal remuneration for work of equal value. It therefore reiterates its expressed concern in previous comments that neither the Constitution, the Employment Act nor the Wages Council Act prohibit discrimination in remuneration based on sex. However, the Committee notes the Government’s statement that the Ministry of Human Resources set up a tripartite committee in 2001 to review all labour legislation. It hopes that this committee will propose measures to prohibit discrimination on the basis of sex, and particularly to set forth in law the principle of equal remuneration for men and women workers for work of equal value, in accordance with the Convention.

2. The Committee notes the Government’s statement that the National Policy on Women adopted in 1986 aims to integrate women into the development process by establishing laws to protect female workers, including the prevention of sexual harassment, and by formulating job descriptions and determining wages regardless of sex. The Committee asks the Government to provide detailed information with its next report on the measures taken or envisaged under the National Policy on Women to promote the principle of equal remuneration for men and women workers for work of equal value.

3. Definition of remuneration. Having previously expressed its concern that the definition of wages in the Employment Act and the Wages Council Act does not encompass benefits in kind and excludes certain elements of remuneration which are covered by the definition contained in the Convention, the Committee hopes that the work of the tripartite committee will lead to the adoption of a broad definition in law of remuneration in accordance with the concept of remuneration set out in the Convention. It asks the Government to provide detailed information with its next report on the work of the tripartite committee in reviewing the labour legislation and to provide copies of any legislation that is proposed and/or adopted relating to the application of the principle of the Convention.

4. Article 2. Collective agreements. The Committee notes the texts of the numerous collective agreements provided by the Government. It notes that they set a minimum and maximum wage without any distinction relating to sex. However, as the Government’s report does not contain any information on this subject, the Committee is bound to reiterate its previous request to the Government to provide information with its next report on the manner in which the principle of equal remuneration for work of equal value is ensured in practice. Please also provide information on the methodology applied when setting the rates of remuneration in order to ensure that the same wage is applied for work of equal value.

5. Minimum wages. The Committee notes the Wages Regulations Orders issued under the Wages Councils Act, copies of which were provided by the Government, which regulate employment conditions for shop assistants, cinema workers, cargo handlers and in catering and hotels. It recalls in this respect that minimum wages are a significant means of ensuring the application of the Convention. The Committee asks the Government to continue to provide in future reports copies of wage regulations orders.

6. Public sector wages. The Committee notes the Report of the Special Committee of the Cabinet on Salaries for the Public Sector, provided by the Government, enumerating the principles for the determination of wages in the public sector. However, the Committee notes that there is no reference to the notion "work of equal value" or to an objective appraisal of jobs to be carried out to verify whether workers who are performing work of equal value receive equal remuneration. The Committee reiterates its request to the Government to provide detailed information with its next report on the methodology used for the determination of wages in the public sector, and particularly to ensure that workers performing work of equal value receive equal remuneration.

7. Statistical information. The Committee notes the statistical information provided by the Government with respect to the distribution of women and men in the various parts of the public sector by earnings level. It notes from the statistical information provided that only six women, in comparison with 297 men, receive the earnings above 5001 RM in the State Administrative Service. The Committee asks the Government to provide information with its next report on the measures taken or envisaged to promote the access of women workers to higher level and higher paying positions in the public sector and to continue providing statistical information, disaggregated by sex.

8. Labour inspection. The Committee notes the Government’s statement that the principle of equal remuneration for work of equal value is ensured through labour inspections carried out by the Labour Department. With reference to its comments under Convention No. 81 (2003/74th Session), it notes that the Office has not received a copy of an annual inspection report for many years. The Committees asks the Government to provide detailed information with its next report on the action taken by the labour inspectorate to identify any violations of the principle of the Convention and the action taken to remedy the situation.

9. Industrial court. The Committee notes the Government’s statement that there have been no complaints of violation of the principle of equal remuneration for work of equal value and that no cases relating to the principle have been examined by the Industrial Court. It notes that this is also the competent court for parties to collective agreements. In this respect, the Committee is bound to point out that the reporting of no violations often signals a lack of knowledge of the law or inadequate procedures. It therefore asks the Government to provide information on the measures taken or envisaged to disseminate information to the public regarding their right to bring complaints in cases of pay discrimination under the existing legislation, as well as the protection available against victimization.