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

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

Articles 1 and 2 of the Convention. Application in law and practice. The Committee notes the Government’s indication that the review of the country’s labour law and policies is regularly considered by the Ministry of Human Resources in particular in order to provide “equitable protection for workers regardless of gender”. The Committee also recalls its previous comments noting that in 2006 the Cabinet Committee established three inter-agency committees to review, among other things, the Federal Constitution and the rules and regulations related to employment with the objective of ensuring that they do not contain gender discriminatory provisions. In this regard, the Committee once again notes that the Constitution, the Employment Act and the Wages Council Act do not reflect fully the principle of equal remuneration for men and women for work of equal value; and emphasizes that provisions that are narrower than the principle as laid down in the Convention hinder progress in eradicating gender-based pay discrimination against women at work.

The Committee also notes the Government’s indication that section 18 of the Industrial Relations Act, 1967 (Act 177), which provides for conciliation in cases of trade disputes would allow a trade union to lodge a complaint relating to the principle of equal remuneration for men and women for work of equal value. However, the Government indicates that no complaints have been reported to the Director General for Industrial Relations. The Committee considers that it is unclear how this provision could provide for a right to equal remuneration for men and women for work of equal value.

The Committee notes once again the Government’s indication that in practice there is no discrimination in remuneration between men and women performing jobs of the “same nature and category”. The Government also indicates that no complaints related to equal remuneration have been dealt with by the Department of Labour of the Ministry of Human Resources for a total of 11,044 cases; but that the principle of equal remuneration is promoted through statutory inspections by the Department of Labour and the Department of Industrial Relations. The Committee considers from the indication given in the Government’s report that there may still be some misunderstanding regarding the meaning of the provisions of the Convention, their scope and application in practice. In this regard, the Committee again refers the Government to its 2006 general observation and recalls that the protection under the Convention goes beyond equal remuneration for equal, the same or similar work and includes the comparison of remuneration received by men and women in jobs that are of an entirely different nature, but are nevertheless of equal value.

Finally, the Committee notes from the Government’s report that the Department of Labour of the Ministry of Human Resources initiates knowledge enrichment programmes, seminars, workshops on labour and industrial laws and practices at both regional and district levels. Gender sensitization and equal remuneration regardless of gender are among the issues addressed through these initiatives. The Committee asks the Government as follows:

• (i) to review the legislation, in consultation with the social partners, with a view to incorporating expressly the principle of equal remuneration for men and women for work of equal value, and to indicate whether any steps have been taken or envisaged by the inter-agency committees with a view to giving legislative expression to the principle of the Convention;
• (ii) to take steps to increase the ability of judges, labour inspectors and other relevant public officials, such as members of the inter-agency committees established by the Cabinet Committee on Gender Equality, to better identify and address issues related to equal remuneration for men and women for work of equal value;
• (iii) to take appropriate measures to raise awareness among workers, employers and their organizations, as well as public understanding of the principle of the Convention, and to provide specific information as to how the principle of equal remuneration for men and women for work of equal value is promoted through the initiatives undertaken by the Department of Labour of the Ministry of Human Resources; and
• (iv) to provide information on any steps taken and results achieved regarding these points.

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