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

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

Article 1(a) of the Convention. Definition of remuneration. In its previous comments, the Committee had noted that the definition of “wage” set out in section 103 of the Labour Law of 1997 excludes health care, legal family allowance, travel expenses and benefits granted exclusively to help the worker do his or her job, and asked the Government to indicate whether consideration is being given to revising the definition of “wage” in the Labour Law to ensure that it meets the requirements of Article 1(a) of the Convention. The Committee notes that the Government’s report does not contain any up to date information in this regard. Recalling that the broad definition of “remuneration” enshrined in Article 1(a) of the Convention captures all elements that a worker may receive for his or her work, the Committee asks the Government to take steps to amend the Labour Law in order to bring it in line with Article 1(a) of the Convention.

Article 1(b). Work of equal value. With regard to section 106 of the Labour Law, which provides for equal wages for “work of equal conditions, professional skill and output ... regardless of their origin, sex or age”, the Committee had asked the Government to take steps to ensure that full legislative expression is given to the principle of equal remuneration for men and women for work of equal value, providing not only for equal remuneration for workers who perform the same jobs, have the same skills and work under the same conditions, but also applying to situations where men and women perform work of a different nature, that is nevertheless of equal value. The Committee notes the Government’s indication that at present, the Government is not considering amending the Labour Law. Recalling the importance of giving full legislative expression to the concept of “work of equal value”, in order to address effectively direct or indirect pay discrimination that results from the undervaluing of work performed predominantly or exclusively by women, the Committee urges the Government to take steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on the steps taken in this regard.

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