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

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

Assessment of the gender pay gap. The Committee notes that a number of recent studies and surveys concerning the labour market in Bangladesh have highlighted the continuing wide differential in the earnings of men and women. The 2007 wage survey carried out by the Bangladesh Bureau of Statistics among non-farm production workers found that the average daily income of women amounted to 69.7 per cent of that of men. According to the 2008 World Bank report entitled “Whispers to voices: Gender and social transformation in Bangladesh”, women in rural areas earned 59.7 per cent of men’s wages (nominal), and the ratio for urban areas was 56 per cent (data for 2002–03). According to the report, the gender pay differentials are often explained by the lower levels of skills and qualifications of women workers, but there is also a tendency to set lower wages in female-dominated sectors, in part as a result of wage discrimination. The Committee asks the Government to provide detailed information on the earnings of men and women in both the formal and informal economy and the measures taken to address the wide gender pay gap.

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes that section 345 of the 2006 Labour Act provides that “[i]n determining wages or fixing minimum rates of wages for any workers, the principle of equal wages for male and female workers for work of equal nature or value shall be followed and no discrimination shall be made in this respect on the ground of sex”. The Committee asks the Government to provide detailed information on the measures taken to ensure the effective implementation of section 345 of the Labour Act, including targeted training and awareness raising on the issues of equal pay for judges, relevant public officials, such as labour inspectors, and workers’ and employers’ representatives. It also asks the Government to provide information on any cases concerning section 345 that have been addressed by the labour inspectorate or the courts.

Article 1(a). Definition of remuneration. The Committee recalls that the principle of equal remuneration for men and women for work of equal value must be applied to all aspects of remuneration as defined in Article 1(a) of the Convention. However, section 345 of the Labour Act only applies to “wages” which, under the terms of section 2(xlv), do not include the following aspects of remuneration: (1) the value of any house accommodation, supply of light, water, medical attendance or other amenity or of any service excluded by general or special order of the Government; (2) contributions by the employer to any pension fund or provident fund; (3) travelling allowances; (4) reimbursements of special expenses incurred by the worker. The Committee asks the Government to indicate how it is ensured, in law and in practice, that the principle of equal remuneration for men and women for work of equal value is applied in relation to those aspects of remuneration which are excluded from the definition of “wages” contained in section 2(xlv) of the Labour Act.

Article 2(2)(b).. Minimum wages. The Committee notes the Government’s indication that the Minimum Wages Board when recommending minimum wages follows the principle of equal remuneration for work of equal value. For example, in November 2006, the Board recommended minimum wages for workers in the ready-made garment sector irrespective of whether they are male or female. In this regard, the Committee recalls that, where minimum wage rates are set by occupation, it must be ensured not only that the same wage rates apply to men and women performing a specific occupation, but also that the wage rates for female-dominated occupations are not set at a lower level than the wage rates for male-dominated occupations where the work done is of equal value. The Committee asks the Government to indicate how, in practical terms, it is ensured that minimum wage rates fixed for female-dominated occupations or sectors are not set below the level of rates applying to male-dominated occupations involving work of equal value. It also asks the Government to provide the texts of the minimum wage orders currently in force.

The Committee is raising other points in a request addressed directly to the Government.