Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 2 of the Convention. Occupational segregation and gender wage gap. The Committee notes that in 2012 the labour force participation rate of women (49.5 per cent) remained low compared to that of men (80.4 per cent) (Statistics Year Book Malaysia 2012). The Committee notes that the Salary and Wages Survey Report 2013 (Department of Statistics, Malaysia, August 2014) indicates an overall gender wage gap (mean monthly salaries) of 4.5 per cent, with a monthly gender wage gap for citizens of 8.4 per cent compared to 22.2 per cent for non citizens. When looking at mean monthly salaries and wages, by occupation, the gender wage gap is lowest for Technicians and associate professionals (7.4 per cent), Clerical support workers (14.2 per cent) but widens to more than 20 per cent for Professionals (23 per cent), Skilled agriculture, forestry and fishery workers (26.8 per cent) and Elementary occupations (28.9 per cent), or even more than 30 per cent for Craft and related trade workers (39.7 per cent) and Services and sales workers (34.9 per cent). At the industry level, a considerable gender wage gap exists in Real estate activities (36.5 per cent), Accommodation and food and beverage service activities (30.1 per cent) followed by Manufacturing (25.3 per cent), Professional, scientific and technical activities (23.2 per cent), Administrative and support services activities (22.5 per cent) and Human health and social work activities (20 per cent). The gender wage gap is the lowest for Information and communication (4.9 per cent) and Arts, entertainment and recreation (5.1 per cent). For the Construction industry, the Survey indicates that women received higher monthly salaries and wages than men (gender wage gap of -13.1 per cent), which is due to the fact that female construction workers are more highly represented among the skilled and semi-skilled workers while male workers tend to be unskilled workers. The Committee asks the Government to provide information on the concrete measures taken or envisaged, in cooperation with workers’ and employers’ organizations, to address the gender wage gap in the various industries and occupations, particularly those with a very high gender wage gap, including through measures addressing occupational gender segregation and prevailing stereotypes regarding the role of women in society and the labour market. The Committee asks the Government to continue to provide up-to-date 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 constitutes an important tool to assess the progress made in the application of the Convention.

Minimum wages. The Committee recalls the importance of minimum wage setting as a means to apply the Convention and notes the Minimum Wages Order 2012 setting the monthly minimum wage. The Committee notes, however, that domestic workers are excluded from the scope of the Minimum Wage Order (section 3) and draws the Government’s attention to the possibility of indirect discrimination where female-dominated groups of workers are excluded from the application of minimum wage legislation; particularly those most vulnerable to wage discrimination such as domestic workers (see General Survey on the fundamental Conventions, 2012, paragraphs 684 and 707). Recalling that the principle of equal remuneration for work of equal value is to apply to domestic workers, whether nationals or non-nationals, the Committee asks the Government to provide information on what procedures have been established for ensuring that in determining wages for domestic workers, their work is not being undervalued as compared to work done by predominately male groups.

Article 4. Cooperation with the social partners. The Committee notes the Government’s statement that the National Labour Advisory Council (NLAC) discusses and makes decisions regarding issues pertaining to wages and other conditions of work. The Committee asks the Government to provide information on any specific action taken to cooperate with the employers’ and workers’ organizations to promote the principle of the Convention, including in the context of the NLAC, and the results achieved.

National Policy on Women. In the absence of information on this matter, the Committee once 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.

Public sector. The Committee previously noted the salary structure and job classification in the public sector and the Government’s indication that the same rate is paid to workers “for carrying out the same level of job” regardless of gender. It also noted the statistical information provided by the Government that in 2010 women made up only 28 per cent of the highest ranking positions in the public sector (Top Management Group) while overall more women than men were employed in the public sector. 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 needs to be an examination of the respective tasks involved undertaken on the basis of entirely objective and non-discriminatory criteria. The Committee refers to its General Survey on the fundamental Conventions, 2012, paragraphs 695–702 and 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, and the results achieved.