Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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 that, in accordance with section 93 of the Labour Code of 2012, the employer must develop wage scales, wage tables and work norms in consultation with the representative workers’ organization. It further notes that, under section 7(3) of Decree No. 49/2013/ND-CP dated 14 May 2014, the determination of wage scales must ensure equality and non-discrimination on the basis of gender, ethnicity, skin colour, social class, marriage status, creed, religion, HIV status, disability, and establishment, membership or activities of a trade union. In accordance with section 7(4) of the Decree establishing principles on the basis of which wage scales are to be developed by employers, companies shall define the lowest wage level “on the basis of the complexity of work … corresponding to the qualifications, skills, duties, experiences to implement work”. The Committee notes that the new criteria to be used by employers to determine wage scales seem to be narrower than the criteria indicated by the Government in its previous report (knowledge and skills; intelligence; physical strength and intensity of work; responsibility and environment and conditions of work). The Committee wishes to recall that, while the Convention is flexible regarding the measures to be used and the timing in achieving its objective, it allows no compromise in the objective to be pursued. Thus, where it is not in a position to ensure the application of the principle of the Convention directly, the State must take vigorous and proactive measures and must act in good faith (see General Survey on the fundamental Conventions, 2012, paragraph 670). Therefore, the Committee once again requests the Government to indicate measures taken in order to ensure that wage determination by employers in the private sector takes into account the principle of the Convention (including any action in case of violation of Decree No. 49/2013/ND-CP), and especially how in practice it is ensured that the criteria used by employers to determine wage scales are objective and free from gender bias. The Committee also requests the Government to provide information on the development and use of any gender neutral job evaluation methods during the process of wage scales determination.

Articles 2(2)(c) and 4. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that section 72 of the Labour Code of 2012 stipulates the role of social partners during the collective bargaining process, which includes organizing refreshment training on collective bargaining skills for participants of the process, participation in the collective bargaining session should there be a request from one of the two sides engaged with collective bargaining, and the provision and exchange of information related to collective bargaining. It also notes the Government’s indication that various awareness-raising activities regarding gender equality have been developed, including, for example: (i) the launching of a competition “Understanding of laws and policies on gender equality” nationwide, which was brought to the attention of citizens of all ages and from all walks of life, resulting in nearly 700,000 competitors and which contributed to information, dissemination and awareness raising in relation to gender equality in general and in labour and employment in particular; and (ii) the publication of flyers on gender equality in Vietnamese, English, Tay, and Mong languages. The Committee requests the Government to continue to provide information on the implementation and enforcement of section 72 of the Labour Code of 2012, including any measures taken or envisaged to raise awareness of these provisions among workers, employers and their respective organizations, as well as examples of information provided and refreshment training offered to collective bargaining representatives regarding the role of collective agreements in implementing the principle of equal remuneration for men and women for work of equal value.