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

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

1. Application of the Convention. The Committee notes the Government’s statement that although the principle of non-discrimination between men and women is firmly entrenched in the daily lives of workers, further work remains to be done to raise awareness and monitor compliance with the principle of equal remuneration. In this respect, the Committee notes the information provided by the Government in its report to the Committee on the Elimination of Discrimination against Women in which it acknowledged that there are still differences regarding salaries between men and women, especially in unskilled jobs where the average monthly salary earned by men in 2001 was approximately MOP 5,567, whereas unskilled women earned MOP 3,695 (CEDAW/C/CHN/5-6/Add.2, paragraph 190). The Committee asks the Government to include information in its next report on the measures taken to raise awareness and monitor compliance with the principle of equal remuneration between men and women for work of equal value, and to indicate the impact of these policy measures on the gender pay gap, particularly among unskilled workers.

2. Article 2 of the Convention. The Committee notes from the Government’s report that it is currently conducting a labour legislation review and that it will focus in the future on non-discrimination in wages paid to men and women. It notes that the tripartite Standing Committee on Social Cooperation is being consulted in the context of this review and that the principle of equal remuneration will be broadened to apply to jobs performed for different employers and sectors of activity once the review is completed. The Committee welcomes the Government’s initiative in this regard and asks to be kept informed on any developments in the review process regarding equal remuneration between men and women for work of equal value. Please also forward copies of the relevant new legislation once adopted.

3. In response to the Committee’s comments on the role of collective bargaining in the setting of wages in Macau, the Government states that although article 6 of Legislative Decree No. 24/89/M provides that Conventions or collective agreements take precedence over the law where they establish more favourable working conditions, collective bargaining is practically non-existent in the Region. The Committee further notes that although there is no minimum wage legislation covering the private sector, the Government intends to introduce such a law through its review of Legislative Decree No. 24/89/M. The Committee looks forward to receiving a copy of the amended legislation regarding the setting of a private sector minimum wage and asks the Government to provide information on the impact of the new law, once enacted, on wage differentials between men and women workers.

4. Article 3. Objective job evaluation. The Committee notes the Government’s statement that it does not have a methodology for performing job classifications and comparisons. The Government nevertheless indicates that the Department of Employment of the Directorate for Services for Labour Affairs has a Job Promotion Division which centralizes information on job vacancies. The Committee points out that the notion of an objective appraisal of jobs under Article 3(1) of the Convention is not akin to the classification of jobs by the employment services to assist jobseekers in finding employment. Rather, it implies the adoption of some technique to measure and compare objectively the relative value of the jobs performed. This is of particular importance given that men and women tend to perform different jobs, and a technique to measure the relative value of jobs with varying content is critical to eliminating discrimination in the remuneration between men and women. Noting that the Government has established wage scales for different occupational categories in the public sector, the Committee asks for information on the methodology used for determining remuneration for the different jobs performed. The Government is also asked to provide information on the measures taken or under consideration to promote the objective appraisal of jobs in the private sector as a means to assist in giving effect to the principle of equal remuneration.

5. Statistics. The Committee notes the statistics included in the Government’s report showing wage scales for the public sector as well as the median monthly employment earnings by industry and occupation in the private sector. These figures do not reveal, however, the actual earnings of men and women in different occupations or levels of responsibility for either the public or private sector. The Government states that there are presently no statistics in Macau of sufficient quantity or quality to permit a detailed breakdown of earnings by sex. The Committee wishes to remind the Government that an analysis of the position and pay of men and women in all job categories within and between the various sectors is required to permit an adequate evaluation of the nature, extent and causes of the pay differential between men and women and to measure the progress achieved in implementing the principle of the Convention. The Committee hopes, therefore, that the Government will be in a position to provide greater detail in its next report on the distribution and earnings of men and women in the private and public sectors in accordance with the Committee’s 2002 general observation. If no such statistics are available, the Committee asks the Government to indicate what steps it is taking towards the compilation of such statistical information.

6. Labour inspection. The Committee notes that inspection teams belonging to the Department of Labour Inspection have undergone training courses including a module on ILO Conventions and the procedures for monitoring compliance with these Conventions. Noting also that an additional 24 inspector recruits will receive training specific to Convention No. 100, the Committee asks the Government to include along with its next report information on the impact of the training provided to inspectors on Convention No. 100 as well as existing inspection guidelines for monitoring workplace compliance with the principle of equal remuneration. Please also provide information on the number and outcome of cases identified by the inspectorate or complaints submitted regarding equal pay.