Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Article 1(a) of the Convention. Definition of remuneration. In its previous comments, the Committee sought clarification from the Government as to whether the equal pay 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. It recommended that in the context of future legislative revisions a clear definition of remuneration in line with the Convention be included and the principle of equal remuneration be applied to all components of remuneration. The Committee notes the Government’s indication that both section 111 of the Labour Code and section 13 of the Law on Gender Equality encompass bonuses and that, in the context of the revision of the Labour Code, the two provisions will be made consistent. The Committee recalls that, under Article 1(a) of the Convention, the definition of remuneration extends beyond the basic salary to any allowances directly or indirectly arising out of the worker’s employment, such as bonuses, but also, for example, increments based on seniority or marital status, cost-of-living allowances, housing or residential allowances, family allowances and benefits in kind. The Committee hopes that the Government will take the opportunity when revising the Labour Code to introduce a provision defining remuneration in accordance with Article 1(a) of the Convention and ensure that the principle of equal remuneration for work of equal value is applied in respect of all components of remuneration. Please provide information on the progress made in this regard.

Articles 2 and 3. Non-discriminatory determination of wages. The Committee notes the Government’s indication that two wage scales and 20 wage tables apply to state enterprises. The Committee also notes that in the private sector wage scales and tables are developed by the employer on the basis of a set of principles providing, among other things, that the number of grades will depend on the complexity and nature of the work to be performed, regardless of the worker’s sex. The Committee asks the Government to provide information on the criteria used to evaluate the complexity and nature of jobs in the context of defining wage scales and tables and how it is ensured that gender stereotypes regarding the value of certain jobs do not affect this evaluation. Please also provide copies of the wage scales and tables applied in state enterprises and examples of those applied in the private sector. The Committee also reiterates its request for information on any action taken to follow up on the recommendations included in the ILO–MOLISA study on “Equality, labour and social protection for women and men in the formal and informal economy in Viet Nam: Issues for advocacy and policy development” of 2003.

Articles 2, paragraph 2(c), and 4. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee notes the collective agreement of the Viet Nam Samho Company attached to the Government’s report. The Committee notes that it contains no provisions specifically addressing the principle of the equal remuneration for work of equal value. The Committee asks the Government to provide information on any measures taken or envisaged to raise awareness among the social partners of the principle of the Convention and to foster its application in the context of collective bargaining. Please also supply information on any initiatives taken in cooperation with employers’ and workers’ organizations regarding the application on the Convention.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that no complaints have been lodged and that no violations of the Convention have been detected by the labour inspectorate services. Recalling its 2006 general observation on the Convention, the Committee encourages the Government to provide specific training to judges, labour inspectors and other relevant public officers with a view to enabling them to detect and handle cases of violations of the principle of equal remuneration for work of equal value and to take appropriate measures to raise public awareness of the relevant legislation, and the procedures and remedies available. Please continue to provide information on any decisions handed down by courts or other competent bodies with regard to the application of the Convention as well as on any relevant violations detected by or brought to the attention of the labour inspectorate services, the sanctions imposed and the remedies provided.