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

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

Articles 2 and 3 of the Convention. Non-discriminatory determination of wages. The Committee notes the Government’s indication that in the context of determining wage scales and tables, the criteria used include knowledge and skill; intelligence; physical strength and intensity of work; responsibility and environment and conditions of work. The Committee notes the Government’s indication that there is no discrimination based on sex in wage determination mechanisms and that consultations with social partners are held in order to monitor and examine the setting of wage scales. The Committee further notes that the Decree on administrative punishments for labour infringements, adopted 6 May 2010 (Decree No. 47/2010/ND-CP), sets fines for employers failing to conform to the regulations on setting up salary wages, wage tables and job descriptions (section 10). The Committee asks the Government to indicate the measures taken in order to monitor wage determination in the private sector and especially how in practice it is ensured that the criteria used are free from gender bias. The Committee also asks the Government to provide information on the consultations held with social partners in order to determine the criteria used to set wage scales and tables in state-owned enterprises and in the private sector. The Committee also once again asks the Government to provide copies of wage scales and tables applied in state enterprises and examples of those applied in the private sector. Please also provide information on the application of section 10 of the Decree No. 47/2010/ND-CP of 6 May 2010, including on any cases of non-compliance registered and fines imposed.

Articles 2(2)(c) and 4. Collective agreements and cooperation with worker’s and employers’ organizations. The Committee notes the Government’s indication that collective agreements do not address equal remuneration for men and women for work of equal value, but rather apply the provisions of the Labour Code setting out the obligation to pay employees according to the wage scales and without discrimination based on sex (sections 6 and 102). The Committee notes that annual awareness raising activities are organized by the Government in cooperation with social partners in order to disseminate information on labour laws and regulations, including on provisions concerning wages and salary payment. Noting that collective agreements are important in promoting and ensuring the principle of the Convention, the Committee encourages the Government to foster the application of the Convention through a range of proactive measures, including through collective bargaining, in cooperation with the social partners in order to accomplish real progress in attaining equal remuneration for men and women for work of equal value. The Committee asks the Government to take steps in order to foster the application of the principle of the Convention through collective bargaining, and to indicate the measures taken in cooperation with social partners in this regard. The Committee asks the Government to provide more specific information on the activities organized to raise awareness on the issues related to the Convention and to indicate the role of the social partners in this regard.