Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Assessment of the gender pay gap. The Committee notes that according to the Survey on Manpower Needs and Wages, the gender pay gap (average earnings without bonuses) in March 2008 was as wide as 37.8 per cent in manufacturing, and 39.2 per cent among plant and machine operators within that sector. The gender pay gap in wholesale and retail trade was 15 per cent in June 2008, while it was 20.1 per cent in transport, storage and communication. The gender pay gap for the gaming industry was relatively low (9.4 per cent); however it was particularly high among professionals (35.1 per cent) and skilled agricultural and fishery workers (44.4 per cent) within that industry. The Committee asks the Government to continue to provide detailed statistical information on the earnings of men and women in the different industries and occupations. Noting that there appears to be a particularly wide gender pay gap in manufacturing as well as a number of occupational groups in some sectors of the economy, the Committee asks the Government to study the causes of the respective gender pay gaps in more detail and to provide information on the manner in which these causes have been studied and on any resulting findings or conclusions.

Articles 1 and 2 of the Convention. Legislation. The Committee notes that section 57(2) of the new Labour Act (No. 7/2008) provides that the remuneration for work is determined by agreement between the employer and the worker, taking into account the quantity, nature and quality of the work and equal remuneration for equal work or work of equal value. Section 6 provides for equal treatment in respect of working conditions irrespective of sex and other grounds. The Committee further notes that the Labour Act amended section 15 (sanctions) of the Legislative Decree No. 52/95/M of 9 October 1995 concerning equality of opportunity and treatment of men and women in employment. As amended, the Legislative Decree now provides for punishment from MOP 20,000 to MOP 50,000 for violations of its provisions, including section 9 which provides for equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on the measures taken to ensure that workers and employers are aware of these new provisions. It encourages the Government to develop practical tools for men and women workers, particularly those working in occupations and sectors affected by a wide gender pay gap, to assist them in determining whether their remuneration is in accordance with the principle of equal remuneration for men and women for work of equal value. Please also provide information on any cases addressed by the competent authorities involving section 57(2) of the Labour Relations Act and section 9 of the Legislative Decree No. 52/95/M, including information on any remedies awarded or sanctions imposed.

Collective agreements. The Committee notes that the new Labour Act no longer refers to collective bargaining as a means to determine remuneration as was the case under former section 27(1) of Legislative Decree No. 24/89/M. Nevertheless, the Government recognizes in its report that the introduction of collective bargaining was an effective means to realize workers’ basic interests. Stressing that collective bargaining is indeed an important means to ensure the application of the Convention, the Committee asks the Government to provide information on any further developments with regard to the promotion of collective bargaining as a means to promote equal remuneration for men and women for work of equal value.

Minimum wages. The Committee notes from the Government’s report that the tripartite Standing Committee for the Coordination of Social Affairs adopted a minimum wage of MOP 21 per hour for cleaning and security services procured by the Government. The Government would monitor this measure and consider the extension of its coverage. The Committee asks the Government to provide information on any further developments with regard to the setting of minimum wages as a means of applying the Convention.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that many private enterprises may not be in a position to establish systems for objective job evaluation due to reasons such as the size of the enterprise or the nature of the service provided. The Government also states that the formulation of a system for the objective evaluation of jobs would require further surveys and studies. Noting the Government’s indications, the Committee trusts that the necessary studies will be carried out in due course, in cooperation with workers’ and employers’ organizations, with a view to promoting the use of objective job evaluation methods in the private sectors, and asks the Government to provide information on any progress made in this regard.

Labour inspection. The Committee notes the Government’s indication that inspectors receive directives concerning the inspection of the implementation of the principle of equal remuneration. However, according to the labour inspection department of the Labour Affairs Bureau no complaints regarding compliance with the Convention were received between 1 June 2005 and 31 May 2007. The Committee asks the Government to provide a copy of the directives addressed to labour inspectors concerning the inspection of the implementation of the principle of equal remuneration, as well as updated information on whether the labour inspectors have identified and address any cases concerning equal remuneration for men and women for work of equal value.