Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Equal Remuneration Convention, 1951 (No. 100) - Bangladesh (Ratification: 1998)

1. The Committee notes the Government’s report. It also notes the information concerning the gender wage gap in the formal and informal sectors contained in the Government’s 2005 National Strategy for Accelerated Poverty Reduction and the 2005 United Nations Common Country Assessment (CCA) and Development Assistance Framework (UNDAF). This information, based on the Labour Force Survey 2000, indicates that among self-employed women 66 per cent earn less than Tk 1,000 per month, while only 7.3 per cent of self-employed men earn less than that amount. Among salaried workers, 61 per cent of women earn less than Tk 1,000 per month as compared to 16 per cent among male salaried workers. Female contract workers receive wage rates that are only 60 per cent of the rates of male contract workers. The Committee asks the Government to provide information on any measures to address wage inequalities with a view to implementing the National Strategy for Accelerated Poverty Reduction and in the context of the CCA/UNDAF process.

2. Articles 1 and 2 of the Convention. Application of the Convention’s principle to emoluments excluded from the definition of “wage” under national legislation. The Committee recalls, that under section 14 of the Minimum Wages Rules, the principle of equal remuneration for men and women for work of equal value shall be applied in the fixing of minimum rates of wages. It also recalls that, under the Payment of Wages Act (section 2(vi)) and the Minimum Wages Ordinance (section 2(8)), certain emoluments are excluded from the definition of wages, including employer paid contributions to a pension fund or provident fund, travelling allowances, annual bonuses and gratuities payable in discharge. Having noted the above provisions, the Committee asked the Government to clarify how the legislation applies the principle of equal remuneration to emoluments excluded from the legal definition of wages. While noting the Government’s reply indicating that “wages and other emoluments to a worker are equal as per one’s entitlement and eligibility”, the Committee is bound to conclude that the national legislation does not appear to apply fully the provisions of the Convention as it excludes emoluments that are not considered as part of the wage. The Committee hopes that the Government will take the necessary steps to bring the legislation into full conformity with the Convention and asks the Government to keep it informed of any progress made in this respect.

3. Article 2(2)(b). Determination of minimum wages. In reply to the Committee’s previous comments concerning the manner in which the principle of equal remuneration is applied in the minimum wage-fixing process, the Government refers once again to section 14 of the Minimum Wages Rules (see point 1 above). Clarifying its request, the Committee asks the Government to indicate the methods used by the Minimum Wage Board to ensure that section 14 is applied in practice. For instance, how does the Board ensure that rates fixed for female-dominated occupations are not set below the level of rates applying to male-dominated occupations involving work of equal value? The Committee also reiterates its request to the Government to provide copies of the wage orders currently in effect, including the order for agricultural workers.

4. With regard to the application of the Convention in the public sector, the Committee asks the Government to provide more detailed information on how the National Workers Wages and Productivity Commission applies the principle of equal remuneration for men and women for work of equal value.

5. Article 2(2)(c). Collective agreements. The Committee notes the very general information provided by the Government on the application of the Convention’s principle through collective bargaining and conciliation procedures. It asks the Government to indicate in its next report whether any collective agreements or conciliation procedures have explicitly addressed the issue of equal remuneration of men and women and, if so, to provide details thereof. The Committee further reiterates its request to the Government to provide examples of collective agreements, including any agreements concluded regarding export processing zones.

6. Article 4. Cooperation with workers’ and employers’ organizations. Noting the Government’s statement regarding the role of workers’ and employers’ organizations in promoting equal remuneration, the Committee encourages the Government to seek actively the cooperation of the social partners with a view to raising awareness of the need to take specific action to address the existing gender pay gap and to strengthening their capacity to that end. Please indicate any action taken in this respect.

7. Enforcement. The Committee notes from the Government’s report that information is being gathered as to the number of inspections carried out by the Directorate for Inspection for Factories and Establishments, the number of violations of the principle of equal remuneration found, and the steps taken to rectify the violations. It asks the Government to provide this information in its next report.

8. Monitoring the gender pay gap. The Committee notes the Government’s indication that it is in the process of collecting statistical data. The Committee hopes that the data collected will enable the Government to monitor the extent of the gender pay gap with a view to taking further action to reduce it. It asks the Government to provide statistical information on the earnings of men and women in the private and public sectors as soon as it is available.