Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Occupational segregation and gender wage gap. The Committee notes from the statistical information contained in LABORSTA (2008) that women’s participation in the labour market is very low (35.7 per cent); and that women continue to be concentrated in particular fields, such as clerks, services and manufacturing while their number in higher paying occupations, such as “legislators, senior officials and managers” is relatively low. The Committee notes that, in the context of the Ninth Malaysia Plan (2006–10), the Government will continue to facilitate the higher participation of women in the labour market by providing, in particular, training opportunities (speech by the Prime Minister in the Dewan Rakyat, 31 March 2006, paragraph 57). The Committee further notes the Government’s indication that men and women are paid differently as a result of their seniority and because of the fact that men as “breadwinner in the family” work extra hours compared to women. In this connection, the Committee recalls the importance of the concept of work of equal value in eradicating gender-based pay discrimination and addressing occupational segregation, in particular when they are based on patriarchal attitudes and stereotypes regarding the roles and responsibilities of women and men in the labour market and in society. In light of the above, the Committee asks the Government to provide information on the following:

• (i) the concrete measures taken or envisaged, including through the Ninth Malaysia Plan (2006–10), to improve the access of women to a wider range of job opportunities at all levels, including in higher paid sectors and at managerial and decision-making levels;
• (ii) the steps taken to address patriarchal attitudes and stereotypes with a view to reducing inequalities in remuneration that exist between men and women; and
• (iii) updated statistical data, disaggregated by sex on the distribution of employees in the various industries and occupations in the public and private sectors, and the corresponding remuneration levels as such data constitute an important tool to assess the progress made in the application of the Convention.

National Policy on Women. In the absence of information on this matter, the Committee again asks the Government to provide information on the measures taken or envisaged to implement the National Policy on Women and the Plan of Action on the Advancement of Women which are relevant to the application of the principle of equal remuneration for work of equal value. The Committee also asks the Government to indicate whether the training provided to the Gender Focal Points encompasses equal remuneration issues.

Public sector. The Committee notes that the Public Services Department has established a task force for the formulation of fair and equitable policies in the public service, taking into account a gender perspective. The Committee further notes the Government’s indication that the criteria determining the salary structure through the various job classifications in the public sector is the nature of the job performed, and that the salary is also determined by taking into consideration factors such as entry qualifications, additional skills and expertise required for the job. The Government also indicates that the same rate is paid to workers “for carrying out the same level of job” regardless of gender. The Committee recalls that the application of the Convention’s principle allows for broad comparisons between jobs performed by men and women, including jobs of an entirely different nature, which are nevertheless of equal value. Work done by a man and by a woman may involve different working conditions or require entirely different skills and yet still be of equal value, and there must be a means of examining and comparing the respective tasks involved. The Committee also notes from the statistical information provided by the Government in its report that women made up 28 per cent of the highest ranking positions in the public sector, namely “Top Management Group”, with men occupying 72 per cent of those posts, though the same statistics indicate that there are more women than men overall in the public sector. The Committee asks the Government to provide information on the following:

• (i) how it is ensured that the job classifications system is free from gender bias, and does not undervalue jobs predominantly undertaken by women in comparison with those undertaken by men;
• (ii) the activities undertaken and policies developed by the task force of the Public Services Department related to the principle of equal remuneration for men and women for work of equal value; and
• (iii) the specific measures taken to improve the access of women to higher ranking and better paid positions in the public sector.

Article 4 of the Convention. Cooperation with the social partners. The Committee notes that the Ministry of Human Resources conducts regular tripartite dialogues with the social partners to address labour and industrial relations issues. The Committee asks the Government to provide further information on the different issues addressed in the context of the tripartite dialogues, particularly those related to the principle of equal remuneration for men and women for work of equal value.