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

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

Article 2 of the Convention. National Action Plan. The Committee notes the Government’s indication of the outcomes achieved through the Strategic Plan for Gender Equality 2009–13 (Neary Rattanak III), in particular, the mainstreaming of gender in laws and policies for education and vocational training, the establishment of Women’s Development Centres that have provided vocational training to 13,102 women in 13 provinces and the establishment of the Cambodian Women Entrepreneurs’ Association. It notes, however, that as of 2011 the percentage of women engaged in vulnerable employment was 72.8 per cent, which is higher than that of men, at 64.1 per cent. It also notes that 35.1 per cent of women engaged in low-wage work versus 28.6 per cent of men in 2009. The Committee notes that the Strategic Plan of Gender Equality 2014–18 (Neary Rattanak IV) is currently being implemented, and that its strategic objective is women’s economic empowerment. It also notes the statement of the Government according to which low levels of education and literacy constitute one of the main barriers to women’s participation in the labour market and access to better-paid work, hence its efforts to promote women in the economy through strengthening vocational training programmes in order to equip them with the technical and entrepreneurial skills needed for their empowerment. The Committee requests the Government to provide information on the practical application of the Strategic Plan for Gender Equality 2014–18, in so far as it has an impact on promoting equal remuneration for men and women for work of equal value and on the vocational training provided by the Women’s Development Centres – including sample materials and statistics of outcomes disaggregated by sex. The Committee requests the Government to provide information on any other policies promoting the principle of the Convention. Noting that, despite all the efforts of the Government, the percentage of women workers engaged in lower-paying jobs or occupations and lower-level positions is still much higher than men. The Committee requests the Government to indicate measures taken or envisaged to address the underlying causes of pay inequality and help reduce the gender pay gap, such as the establishment of centralized minimum standards, narrow pay dispersion, transparency of pay and promotion structure (see General Survey on the fundamental Conventions, 2012, paragraph 712). The Committee requests the Government to provide information on any specific measures taken or envisaged and on any mechanisms established to promote equality in education and vocational training, to combat illiteracy and to enable girls and women to have access to more diverse training and a broader range of jobs, including those traditionally held by men.

Scope of application. Domestic workers. The Committee recalls its previous comments asking the Government to indicate how the principle of equal remuneration for men and women for work of equal value is ensured with respect to categories of workers excluded from the Labour Law, such as domestic workers. The Committee notes the Government’s indication that section 36 of the Cambodian Constitution provides that Khmer citizens of either sex shall receive equal pay for equal work, and that while the Labour Law does not govern domestic workers, the principle of the Convention is protected through existing schemes. The Committee also notes the Government’s indication that neither labour inspectors nor the Labour Arbitration Council have received any complaints regarding equal remuneration between men and women. The Committee notes that copies of Royal Decree No. 1201/450 and sub-Decree No. 34 have not been attached, despite being mentioned in the Government’s report, and recalls the Government’s indication in its previous report that categories of workers who are excluded from the Labour Law are to be covered by special legislation, some of which has not been drafted yet. The Committee emphasizes again that no provision in the Convention limits its scope as regards individuals or branches of activity and that the principle of equal remuneration for work of equal value is to apply to domestic workers, whether nationals or non-nationals, and particular attention should be given to ensuring that domestic work is not undervalued due to gender stereotypes (see General Survey on the fundamental Conventions, 2012, paragraphs 658 and 707). It also recalls that the enumerated means of applying the Convention under Article 2 are, among others, national laws or regulations, wage determination machinery, collective agreements, or a combination of these means (see General Survey on the fundamental Conventions, 2012, paragraph 659). The Committee wishes to point out that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, a lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals rather than an absence of gender-based pay discrimination (see General Survey on the fundamental Conventions, 2012, paragraph 870). In this regard, the Committee reiterates its request to the Government to take steps to ensure the application of the principle of equal remuneration for men and women for work of equal value with respect to the categories of workers excluded from the Labour Law, including domestic workers, whether nationals or non-nationals, through a legislative framework that functions to implement the principle of the Convention which is enshrined in the Constitution but for the sole benefit of Khmer citizens. In this regard, the Committee requests the Government to provide more information on progress made on the specific legislation referred in the Government’s previous report, which would protect workers excluded from the Labour Law. The Committee once again requests the Government to supply copies of Royal Decree No. 1201/450 and sub-Decree No. 34.

Minimum wage. The Committee recalls the national minimum wages set in the footwear and garment industries. Regarding minimum wages for other industries, the Committee notes the Government’s indication that in light of the large number of low-skilled labourers entering the job market each year, a national minimum wage would be a barrier against the creation of job opportunities by hindering the growth of small and medium-sized enterprises (SMEs) and the Government’s ability to attract foreign direct investment. In that regard, the Committee recalls that, although not expressly required under the Convention, the setting of minimum wages is an important means by which it is applied in practice. In this regard, the Committee wishes to underline that minimum wages should be set at a level that takes account of both the needs of workers and their families as well as economic factors and that the desired balance is not always easy to achieve (see General Survey on minimum wage systems, 2014, paragraph 284). It also recalls 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, and where the State is in a position to intervene in the wage-fixing process, it is obliged to ensure the application of the principle of the Convention, and must do so by taking vigorous, proactive measures and act in good faith. The Committee recalls that reducing the gender pay gap is an important objective of the Convention, and that a uniform national minimum wage system helps to raise the earnings of the lowest paid, most of whom are women, and thus it has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (see General Survey on the fundamental Conventions, 2012, paragraphs 670 and 683). Noting the technical assistance provided by the Office on the recent valorization of the minimum wage in the country, the Committee invites the Government to continue seeking ILO technical assistance on the operation of the minimum wage fixing machinery, including as regards coverage, level and compliance. In this context, the Committee requests the Government to examine the possibility of setting minimum wages for industries other than the footwear and garment industries, in a manner that complies with the principle of equal pay for men and women for work of equal value, or setting a uniform minimum wage, and to report on any progress made. In the meantime, the Committee requests the Government to take all necessary measures to ensure that the principle of equal remuneration for men and women for work of equal value is effectively applied in practice, covering all industries and occupations, and to report in detail on the progress made.

Collective agreements. The Committee notes that the previously requested copy of the collective agreement at Golden Gain Shoe Company Ltd is not attached to the Government’s report. The Committee repeats its request to the Government to provide copies of collective agreements currently in force that provide for equal remuneration for work of equal value, including that governing Golden Gain Shoe Company Ltd.

Article 3. Objective job evaluation. The Committee notes the Government’s citation of the decision made by the Arbitration Council, which states “The employer has the right to manage and direct the Company and manage human resources as long as the management is in accordance with the law and is reasonable.” It notes the Government’s indication that this decision, in conjunction with article 2(2) of the Labour Law, gives employers the right to set up their own staff performance evaluation procedures so long as it is appropriate and does not discriminate against prohibited grounds. The Committee also notes the Government’s indication that workers have rarely submitted complaints to authorities regarding “subjective” job evaluation methods used by employers. Finally, the Committee notes the Government’s invitation to the ILO to provide technical assistance to develop objective job evaluation methods that will subsequently be modelled by enterprises and establishments. While staff performance evaluation procedures are not discriminatory in themselves as a basis for wage differentiation, the Committee considers that they must be applied in good faith (particularly productivity bonuses and incentives), as historical experience shows that they can be taken as a pretext for paying women lower wages than men. Noting that there seem to exist rare cases of complaints against employers alleging that they have implemented subjective job evaluation, the Committee requests the Government to provide information on the cases in question and particularly on the decision taken by the Arbitration Council. The Committee recalls that the principles of the Convention clearly apply to the public sector, and in light of the fact that the Government’s wage policy has a strong influence on the private sector, the Government has an important role in setting an example in pursuing a policy that can serve as a pattern (see General Survey on the fundamental Conventions, 2012, paragraph 666). The Committee therefore invites the Government, along with employers’ and workers’ organizations, to engage in a dialogue with the ILO to develop and promote objective job evaluation methods in the public sector, which might ultimately be applied to the private sector as well.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that trade unions have matured due to training provided by the ILO, the Community Legal Education Centre, and the Arbitration Council Foundation. It also notes the Government’s indication that human resources development is a priority of the Ministry of Labour and Vocational Training under the Strategic Plan 2014–18, and that capacity building for labour inspectors regarding the labour inspection mechanism and labour dispute conciliation is ongoing. The Committee notes that the Government’s report does not provide information on eventual complaints alleging the violation of the principle of equal remuneration filed with the relevant authorities. The Committee recalls that in order to assess the effective application of the Convention, governments are requested to provide detailed information on labour inspections conducted, the number and type of violations reported or detected, action taken and the outcome thereof, and to implement adequate training programmes (see General Survey on the fundamental Conventions, 2012, paragraphs 874–875). The Committee requests the Government to provide specific information regarding awareness-raising training provided to both workers’ and employers’ organizations, including copies of the training manual as well as statistical data of outcomes disaggregated by sex. The Committee requests the Government to provide detailed information on labour inspections conducted, the number and type of violations reported or detected, actions taken, and their outcomes. It also requests the Government to continue to provide information on measures taken to train labour inspectors, including the implementation outcomes of the Strategic Plan for Labour and Vocational Training 2014–18. Finally, it requests the Government to continue to provide information on whether any cases regarding equal remuneration for men and women for work of equal value have been dealt with by the courts or other dispute settlement bodies.