Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Articles 1(a) and (b), and 2 of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comment, the Committee noted the Government’s indication that the suitability of incorporating the principle of the Convention into its national legislation would be examined in the framework of the ongoing review of its labour legislation, and more particularly of the Employment Act, in reply to the Committee’s long-standing request. It also requested the Government to ensure that its national legislation allows for the comparison not only of the same jobs, but also of work of an entirely different nature which is nevertheless of equal value, taking into account that equality must extend to all elements of remuneration as indicated in Article 1(a) of the Convention and to provide information regarding the progress made in this regard and consider forwarding a copy of the draft legislation to the Office for its review. The Government indicates in its report that the Ministry has incorporated anti-discriminatory provisions in the proposed amendments to the Employment Act 1955 which would include the protection against unequal remuneration for men and women. The Act is undergoing a holistic review on all its provision and it is expected to be tabled by the end of 2019. The Committee notes that the UN Committee on the Elimination of Discrimination Against Women (CEDAW) in its concluding observations in 2018, recommended that Malaysia reduce the existing gender wage gap by regularly reviewing wages in sectors in which women are concentrated, and establishing effective monitoring and regulatory mechanisms for employment and recruitment practices to ensure that the principle of equal pay for work of equal value is guaranteed in national legislation and adhered to in all sectors (CEDAW/C/MYS/CO/3-5, 9 March 2018, paragraph. 38(c)). The Committee reiterates the importance of ensuring that the amendment of the Employment Act 1955 will expressly incorporate the principle of equal remuneration for men and women for work of equal value into its national legislation and allow for the comparison not only of the same jobs, but also of work of an entirely different nature which is nevertheless of equal value, taking into account that equality must extend to all elements of remuneration as indicated in Article 1(a) of the Convention. In this regard, it reiterates its request that the Government consider forwarding a copy of the draft legislation to the Office for its review.

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