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

Equal Remuneration Convention, 1951 (No. 100) - China (Ratification: 1990)

Articles 1 and 2 of the Convention. Laws and regulations.  The Committee recalls that section 46 of the Labour Law 1994 provides that the “distribution of wages shall follow the principle of distribution according to work and equal pay for equal work”. The Labour Contract Law, 2007, also provides that, where no collective contract providing specifications regarding remuneration exists, the principle regarding equal pay for equal work should be followed. The Committee takes note of the Government’s reply that the Labour Contract Law, 2007, represents significant progress with respect to the effective protection of the right of workers, including dispatched workers, to equal remuneration for equal work, and as such provides a powerful means to eliminate gender-based discrimination. The Committee recalls its 2006 general observation which emphasizes the crucial importance of the concept of “work of equal value” when applying the Convention. Recalling that the Committee in its 2006 general observation urged governments of countries which have not done so to adopt legislation giving full expression to the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to examine ways and means of reflecting fully the Convention’s principle in the legislation and to provide information on any measures taken or envisaged in this regard.

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