Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Assessment of the gender pay gap. The Committee recalls its previous observation noting the findings of the 2007 wage survey carried out by the Bangladesh Bureau of Statistics among non-farm production workers that the average daily income of women amounted to 69.7 per cent of that of men. It had also noted that according to a World Bank report of 2008 women in rural areas earned 59.7 per cent of men’s wages (nominal), that the ratio for urban areas was 56 per cent (data for 2002–03), and that gender pay differentials were often explained by the lower levels of skills and qualifications of women workers. The report also found a tendency to set lower wages in sectors predominantly employing women, in part as a result of wage discrimination. The Committee notes the Government’s statement that there is no visible pay gap between men and women in the formal economy, the public sector or in non-governmental bodies, without however, providing further information, including statistics on the earnings of men and women in the public and private sectors. The Government also states that it has been raising awareness through a public–private partnership approach to address the wide gender pay gap, if any, in the informal economy. The Committee notes from the Bangladesh Decent Work Country Programme (2006–09) that nearly 80 per cent of the country’s employment is in the informal economy, and that unlike for men, informal employment, which is low paying, low skill-intensive and less secure, has increased sharply for women over time. The Committee asks the Government to take appropriate steps to assess the nature and extent of the gender pay gap, and to provide detailed and up-to-date information on the earnings of men and women in both the formal and informal economy. The Committee also asks the Government to provide information demonstrating that the necessary measures are being taken to address and reduce the gender pay gap in the formal and informal economy.

Articles 1 and 2 of the Convention. With respect to its previous observation requesting detailed information on the measures taken to ensure the effective application of section 345 of the Labour Act (concerning the principle of equal wages for male and female workers for work of equal nature or value) the Committee notes the Government’s statement that no cases or complaints have been received from workers regarding equal pay. The Government also states that training and awareness-raising programmes have been conducted throughout the country by the Industrial Relations Institute and Labour Welfare Centre on industrial relations, labour law, equal remuneration and ILO Conventions for workers’ and employers’ representatives and government officials. The Committee must point out that the very general information provided does not indicate whether appropriate measures are being taken to ensure the effective implementation of section 345 of the Labour Act of 2006. The Committee, therefore, asks the Government to provide full details on the results achieved by the training and awareness raising for workers’ and employers’ representatives, and government officials on the issues of equal remuneration. Please also indicate the specific measures taken to enhance the capacity of the responsible authorities, including judges, labour inspectors and other public officials, to identify and address cases concerning section 345 of the Labour Act of 2006, as the Committee had previously requested.

Article 1(a). Definition of remuneration. The Committee recalls that 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 notes the Government’s statement that in law and in practice both male and female workers receive equal wages and other allowances as per eligibility and entitlement, and that no complaints regarding discrimination were received. The Committee recalls that the absence of complaints regarding differences in payment of allowances to men and women does not necessarily mean that no discrimination exists. In the absence of further practical information on this matter, the Committee asks the Government to examine the extent to which 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, and to report on the progress made.

Article 2(2)(b). Minimum wages. The Committee notes that according to the Government, minimum wages are determined on the basis of the nature of the work, the workers’ skills, and the standard of living. The Government further reiterates that the Minimum Wages Board applies the principle of equal remuneration for men and women for work of equal value. The Committee notes from the Bangladesh Decent Work Country Programme (2006–09) that the wages are very low in the readymade garments industry (RMG) which employs some 2.1 million persons, approximately 90 per cent of whom are women. Noting the tendency to set lower wages for sectors predominantly employing women, the Committee once again 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 rates applying to male-dominated occupations or sectors involving work of equal value. Noting further the recent increase in minimum wages for the ready-made garments industry, the Committee asks the Government to provide the texts of the RMG minimum wage order, as well as of other minimum wages orders in force.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that the Government’s report continues to include very general indications regarding cooperation with workers’ and employers’ organizations with respect to labour-related decisions and training programmes. The Committee asks the Government to indicate the specific measures taken to seek actively the cooperation of workers’ and employers’ organizations for the purpose of giving effect to the provisions of the Convention, in accordance with Article 4 of the Convention, and in particular with regard to training and awareness-raising measures on the Convention’s principle and the related provisions of the Labour Act of 2006.