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

Equal Remuneration Convention, 1951 (No. 100) - Bangladesh (Ratification: 1998)

Articles 1 and 2 of the Convention. Application of the principle of equal remuneration for men and women for work of equal value. The Committee previously noted that section 345 of the Labour Act, 2006 provides that, in determining wages or fixing minimum rates of wages, the principle of equal wages for male and female workers for work of “equal nature or equal value” shall be followed and requested the Government to provide specific information on the measures taken to ensure the effective implementation of this principle. The Committee notes the Government’s repeated indication, in its report, that the Department of Inspection for Factories and Establishments (DIFE) is responsible for enforcing the provisions of the Labour Act in relation to payment of wages and regularly monitors the payment of wages of workers in the formal sector. It further notes the Government’s general statement that the Department of Labour, through its four Industrial Relations Institutes and 29 labour welfare centres, regularly provides training to representatives of workers and employers, as well as to Government’s officials on payment of wages, including on section 345 of the Labour Act. Awareness-raising seminars and workshops are also organized for lawyers, judges and high officials. Observing that the Government does not provide information on the content of such training nor on their impact on the implementation of the principle of the Convention in practice, the Committee recalls that the concept of “work of equal value” is fundamental to tackling occupational gender segregation in the labour market, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. Noting that, according to the 2017 Labour Force Survey (LFS) of the Bangladesh Bureau of Statistics (BBS), 85.1 per cent of the total employed persons are in informal employment and that the informal sector is excluded from the scope of application of the Labour Act, the Committee wishes to stress that the principle of the Convention applies to all workers, including those in the informal economy (see General Survey on the fundamental Conventions, 2012, paragraphs 658 and 673). The Committee notes the adoption of a new Decent Work Country Programme (DCWP) for 2017–20 which sets as specific outcome 2.1 the promotion of the ILO fundamental Conventions, among which are the Equal Remuneration Convention, 1951 (No. 100), and the enhancement of constituents’ capacity for their better implementation. The Committee asks the Government to provide information on the application of section 345 of the Labour Act, indicating how the term “work of equal nature or equal value” has been interpreted in practice, including by providing information on any cases of pay inequality dealt with by the labour inspectors, the courts or any other competent authority, the sanctions imposed and remedies granted. The Committee also asks the Government to continue to provide information on the proactive measures taken to raise awareness of the meaning and scope of application of the principle of equal remuneration for work of equal value, in particular in the framework of the Decent Work Country Programme for 2017–20, among workers, employers and their representative organizations, as well as among law enforcement officials, the remedies and procedures available, including information on the content of the training provided and awareness-raising activities undertaken.

Article 2(2)(b). Minimum wages. The Committee previously noted that the Government indicated being aware of the undervaluation of the minimum wages in sectors predominantly employing women and that, as a result, the minimum wage of the ready-made garments (RMG) industry had been revised more frequently than other industries. The Committee notes the Government’s indication that the minimum wage in the RMG industry is again being reviewed. Referring to its previous comments on the need to use gender neutral terminology in defining jobs and occupations in wage orders, the Committee notes the Government’s statement that gender-neutral terminology is being used in wage orders by the Minimum Wages Board but requests ILO technical assistance in order to raise awareness of the tripartite partners on this issue. The Government adds that the coverage of minimum wages for workers employed in the private sector is gradually being increased, the Minimum Wages Board having fixed minimum wages in 38 out of the 42 economic sectors identified, in line with the principle laid down in section 345 of the Labour Act, while ensuring that there is no sex discrimination in the determination of wages. The Committee notes the Government’s general statement that the Minimum Wages Board takes into consideration male and female dominated works when determining wages. It notes however that, as highlighted in the context of the DWCP for 2017–2020, the implementation of minimum wages is not always guaranteed and violations are often reported in that respect. In that regard, the Committee wishes to stress that a uniform national minimum wage system can help to raise the earnings of the lowest paid, most of whom are women, and thus 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, paragraph 683). In light of the persistent gender wage gap and occupational gender segregation of the labour market, the Committee again asks the Government to provide information on the method and criteria used to ensure that the remuneration rates fixed by the Minimum Wages Board are free from gender bias, and that the work in sectors with a high proportion of women is not being undervalued in comparison with the work in sectors in which men are predominantly employed. It also asks the Government to provide information on the developments with respect to the coverage and rates of minimum wage, as well as on any measures envisaged, including in cooperation with employers’ and workers’ organizations, to set a national minimum wage rate that would apply equally to all sectors and all categories of workers. The Committee encourages the Government to avail itself of the technical assistance of the Office to raise awareness of the tripartite partners on the use of gender neutral terminology in defining jobs and occupations in wage orders.

Article 2(2)(c). Collective agreements. The Committee notes that the DWCP sets as specific outcome the strengthening of collective bargaining. Recalling the important role that can be played by collective agreements in the application of the principle of the Convention, the Committee asks the Government to provide information on any measures taken or envisaged, in cooperation with employers’ and workers’ organizations, to promote the principle of equal remuneration between men and women for work of equal value through collective agreements and, if so, to provide summaries of any clauses concerning equal remuneration for men and women for work of equal value included in collective agreements.

Article 3. Objective job evaluation. The Committee recalls that the effective implementation of the principle of the Convention requires some method of measuring and comparing the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skill, effort, responsibilities and working conditions, in order to avoid the assessment being tainted by gender bias. It further recalls that measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see General Survey, 2012, paragraph 695). The Committee asks the Government to provide information on any measures taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs, both in the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensuring the effective implementation of the principle of the Convention. It also asks the Government to provide information on any job evaluation exercise undertaken in the public sector, indicating the method and criteria used and the measures adopted to ensure that men and women receive equal remuneration for work of equal value. The Government is also asked to provide information on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias in the private sector.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee previously noted the Government’s indication that representatives of employers’ and workers’ organizations are part of the wage-setting process in the Minimum Wages Board for the private sector, as well as in the Wage Commission for the officers and workers employed by the Government, and the Wage and Productivity Commission for public sector enterprises. Noting that no information was provided by the Government on the role of social partners within the Wage Commission and the Wage and Productivity Commission, the Committee again asks the Government to provide information regarding the wage-setting process in these two entities, explaining for example how the information solicited from workers’ and employers’ associations throughout the wage-setting process is used as wages are ultimately determined. It further asks the Government to provide information on any specific actions undertaken to promote the principle of the Convention by the social partners, including through training and awareness-raising activities.