Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Equal Remuneration Convention, 1951 (No. 100) - Thailand (Ratification: 1999)

The Committee notes the observations of the National Congress of Thai Labour (NCTL).

Article 1(a) of the Convention. The Committee notes the Government’s indication that section 15 of the Labour Protection Act (LPA) covers all benefits, welfare and remuneration both in kind and in cash that the employer agreed to pay their employees in the course of employment, though no further details are provided. However, the Committee notes that section 15 of the LPA does not explicitly indicate whether the principle of equal remuneration applies to all additional allowances, paid in cash or in kind. In order to ensure greater clarity and legal certainty, the Committee asks the Government to amend section 53 of the Labour Protection Act so as to ensure that all additional emoluments paid in cash or in kind, are included in the definition of remuneration.

Articles 2 and 3. Government employees. The Committee notes the information provided by the Government concerning the reform of the civil service which has affected the remuneration system for civil service employees. In this regard, the Committee notes that the former classification method which divided workers into four occupational clusters (unskilled, semi-skilled, skilled and special skilled employees), has been maintained. The Committee further notes the Government’s indication that the wage determination mechanisms are free from gender bias. The Committee asks the Government to indicate the specific measures taken to ensure that job descriptions and the selection of factors for job evaluation are free from gender bias, and more particularly with regard to non-civil servants working in the public service. Please also provide disaggregated statistical data on the distribution and remuneration of men and women in the various groups of the compensation schedule.

Private sector. The Committee notes the Government’s indication that the Thai Labour Standards (TSL) 8001-2003 state that employers must not engage in or support any discrimination in employment, wage and remuneration payment, labour welfare provision, opportunities for training and development, promotion, termination of employment or retirement. The Committee further notes that no information on compliance with standards related to non-discrimination and remuneration has been provided. The Committee also notes the observations of the NCTL which indicate that TLS do not concentrate on the principle of equal remuneration of men and women for work of equal value and suggest that appropriate training for employers and employees on the issue should be organized. With regard to the TLS 8001-2003, the Committee asks the Government to provide information on the cases of compliance and non compliance with any standards related to equal remuneration for men and women for work of equal value. Please also indicate whether any activities, including training, have been organized in the private sector, such as to promote job evaluation and to provide a better understanding of the principle of equal remuneration for men and women for work of equal value.

Remuneration gap. The Committee recalls its previous comments which referred to the statistics of 2005 on the employment of ordinary civil servants showing that women continued to be underrepresented at the executive level. The Committee notes the NCTL’s indication that the percentage of female ordinary civil servants at the executive level still remains low. With regard to the persisting occupational segregation, the Committee notes that the Government has adopted several measures in order to promote gender equality in the civil service, such as setting up gender focal points, gender focal point committees and appointing chiefs of gender equality offices in some Ministries and Departments. The Committee notes that the Master Plan on the Promotion of Gender Equality (2007–11), conducted by the Ministry of Labour, aimed inter alia at improving women’s participation with respect to employment and economic issues, in decision-making and management positions and improving the database on the promotion of gender equality. The Committee asks the Government to provide the following information:

• (i) the impact that the measures taken by the Government, such as setting up gender focal points, have had on reducing pay inequalities between men and women;
• (ii) the results obtained after conducting the Master Plan on the Promotion of Gender Equality, and more particularly whether women’s access to decision-making and management positions has increased; and
• (iii) disaggregated statistical data on the participation of men and women in different occupations and sectors of activity in the public and private sectors.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that in the private sector, in order to follow up on the application of the labour laws, the adoption of a workplace policy and the implementation of TLS 8001-2003, committees comprised of representatives of employers and employees are set up within the workplace. The Committee asks the Government to provide information on the following:

• (i) the number of committees set up in order to follow up the workplace policy and how they ensure and monitor the implementation of the principle of equal remuneration for work of equal value;
• (ii) how the Labour Welfare Committee as well as the welfare committees at the enterprise level are in practice promoting equal remuneration for men and women for work of equal value; and
• (iii) whether any collective agreements explicitly providing for equal remuneration for men and women for work of equal value have been concluded, and if so please forward copies of such agreements.

Enforcement. The Committee notes that many training activities have been conducted, such as the Training on the Obligation of the Department of Labour Protection and Welfare in respect of ILO Labour Standards, as well as the training to enhance practical skills on labour protection and labour law enforcement. With respect to the enforcement of sections 15 and 53 of the LPA, the Committee notes the information provided by the Government concerning the role and activities of labour inspectors. The Committee asks the Government to provide specific information on how these training activities have contributed to increasing awareness of labour inspectors on the issue of equal remuneration for work of equal value, and assisted them in better detecting and addressing violations of the principle of the Convention. Please provide additional information concerning labour inspection activities that have occurred such as the number of written orders delivered to employers and any criminal proceedings that have followed these orders delivered under sections 15 and 53 of the LPA.