Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. Statistical information. Further to its observation, the Committee recalls that it has asked governments in its 1998 general observation on this Convention to collect and provide in their reports the fullest possible statistical information, disaggregated by sex, in their reports, with regard to the following:

(i)    the distribution of men and women in the public sector, the federal and/or state civil service, and in the private sector by earnings levels and hours of work (defined as hours actually worked or hours paid for), classified by: (1) branch of economic activity; (2) occupation or occupational group or level of education/qualification; (3) seniority; (4) age group; (5) number of hours actually worked or paid for; and, where relevant, by (6) size of enterprise and (7) geographical area; and

(ii)    statistical data on the composition of earnings (indicating the nature of earnings, such as basic, ordinary or minimum wage or salary, premium pay for overtime and shift differentials, allowances, bonuses and gratuities, and remuneration for time not worked) and hours of work (defined as hours actually worked or paid for), classified according to the same variables as the distribution of employees (points (1) to (7) of paragraph (i) above).

2. Where feasible, statistics on average earnings should be compiled according to hours actually worked or paid for, with an indication of the concept of hours of work used. Where earnings data are compiled on a different basis (e.g. earnings per week or per month), the statistics on the average number of hours of work should refer to the same time period (that is, by week or by month). The Committee asks the Government to brings these comments to the attention of the state bodies responsible for the collection of statistical data in accordance with the Law on Gender Equality and to provide relevant statistical data, as far as possible, as indicated above, in its next report.

3. Article 1(a) of the Convention. Definition of remuneration. Given that gender-based income differentials exist as regards the basic wage, overtime work and additional allowances, the Committee requested the Government to indicate whether the equal pay provisions of the Labour Code and the other relevant decrees cover emoluments in addition to basic wages. While no reply has been provided on this point, the Committee notes that section 13 of the Law on Gender Equality appears to require equal treatment of men and women in respect of the basic wage and additional emoluments. The Committee asks the Government to confirm that the equal remuneration provisions of the Labour Code and the Law on Gender Equality cover all aspects of remuneration as defined in Article 1(a) of the Convention. In addition to providing specifically for equal remuneration for men and women for work of equal value, as mentioned in its observation, the Committee recommends that the Government ensures in the context of future legislative revisions that the legislation clearly defines the different components of remuneration and ensures that the principle of the Convention is applied to all components of remuneration, as defined in Article 1(a) of the Convention.

4. Articles 2 and 3. Non-discriminatory determination of wages. The Committee notes the information provided by the Government concerning wage scales and tables in non-state enterprises indicating that the hierarchy of wage scales and tables depends on the complexity of the work. The Committee reiterates its request to the Government to provide the following information which is still outstanding:

(a)   the actual wage scales applied in state enterprises and examples of private sector wage scales;

(b)   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 certain jobs;

(c)   information on any action taken to follow up on the recommendation to develop and implement “appropriate wage-fixing mechanisms and corresponding practices based on job descriptions, irrespective of whether work is done by men or women”, which was made by the 2003 ILO/MOLISA study entitled “Equality, labour and social protection for women and men in the formal and informal economy in Viet Nam: Issues for advocacy and policy development”.

5. Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that the Government has not yet replied to the Committee’s request to provide examples of collective agreements with wages or job classifications and to indicate any other activities undertaken by workers’ and employers’ organizations to promote the application of the Convention. The Government is asked to provide this information in its next report.

6. Part III of the report form. Enforcement. The Committee notes that the Government’s report does not reply to the Committee’s request 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. The Committee also asked the Government to indicate whether any relevant complaints have been made, and how the complaints have been handled including findings, remedies and sanctions. The Committee asks the Government to provide the information requested in its next report.