Equal Remuneration Convention, 1951 (No. 100) - Macau Special Administrative Region (Ratification: 1999)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 2 of the Convention. Minimum wage. In its report, the Government informs the Committee that Law No. 7/2015 on Minimum Wage for Cleaning and Security Workers in Property Management was abrogated as a result of the adoption of Law No. 5/2020 on Minimum Wage for Workers, which sets the minimum wage for workers from all sectors and industries, with the exception of domestic workers and workers with disabilities. Recalling that the setting of minimum wages is an important means by which the Convention is applied, the Committee welcomes the establishment of a generalized minimum wage systems. At the same time, it is concerned that domestic workers, which is a female-dominated group especially vulnerable to wage discrimination, are excluded from the scope of application of Law No. 5/2020 (see 2012 General Survey on the fundamental Conventions, paragraph 684). In this regard, the Committee notes from the 2021 Employment Survey conducted by the Statistics and Census Service that in 2021 women represented the vast majority of domestic workers. The Committee requests the Government to provide information on any initiative towards the setting of a minimum wage for domestic workers and on the measures adopted to ensure that the remuneration rate is established without gender bias. Please also indicate how the application of the principle of the Convention is ensured for categories of workers excluded from the application of the minimum wage, in particular female-dominated sectors or industries. In the absence of information on the implementation of Administrative Regulation No. 6/2008 (Interim Measures on Work Income Subsidy), the Committee again requests the Government to provide information on the impact of these subsidies to low-income workers (such as, for example, on narrowing the gender pay gap).

Articles 2 and 4. The gender pay gap and occupational segregation. The Committee notes the Government’s indication that the gender pay gap is gradually narrowing. According to the statistics provided by the Government, it reduced from 16.2 per cent in 2018 to 11.8 per cent in 2021. The Committee also notes from the “Employment Survey” conducted by the Statistics and Census Service in 2021, that the gender pay gap is the largest in the healthcare and social welfare industry, where the number of women workers is more than three times higher than the number of men. Concerning the measures taken to address the gender pay gap, the Committee notes the Government’s reference to the “Development Goals for Women in Macao” Plan for 2019-2025, which envisages the adoption of a series of measures across eight areas, namely: gender mainstreaming, women’s participation in policy-making, women in education and training, women and healthcare, women and social welfare, women’s safety and law, women and the economy, and women, media and culture. At the same time, the Committee notes the UN Committee on Economic Social and Cultural Rights (CESCR)’s concerns about the concentration of women in traditionally dominated professions as well as about reports concerning their unsatisfactory representation in senior positions within the public administration and private companies (E/C.12/CHN/CO/3, 3 March 2023, paragraph 132). The Committee again requests the Government to provide information on the specific measures taken to reduce the gender pay gap, including measures to address the obstacles to women’s upward mobility, to improve their access to a wider range of job opportunities, including in sectors and occupations in which they are under-represented, and to encourage their participation in a wider variety of vocational training courses, including those leading to career opportunities and employment in higher-paid occupations and sectors. Please also continue to provide statistical information on levels of remuneration, disaggregated by sex, branch of economic activity, and occupation or occupational group and, if available, on any studies undertaken on the gender remuneration gap and its causes.

Measures to promote the application of the principle of the Convention. The Committee notes the Government’s indication that the Labour Affairs Bureau and the Legal Affairs Bureau conducted a variety of activities to promote and strengthen the public understanding of the principle of equal remuneration between men and women for work of equal value, including promotional broadcasts on television and radio; publication of newspaper articles, social media posts or organization of events; labour law seminars, and consultation services, among others. The Committee notes that the description of these activities refers in general to the protection of women’s rights. The Committee requests the Government to provide information on: (i) the specific measures taken to raise awareness and enhance the public understanding of the principle of the Convention; (ii) the number and type of requests concerning the application of the principle of the Convention received by the consultation service of the Labour Affairs Bureau, if available, and their outcomes; and the role and impact of workers’ and employers’ organizations in the Standing Committee for Coordination of Social Affairs in giving effect to the principle of the Convention.

Article 3. Objective job evaluation. In the absence of information in reply to its previous requests, the Committee asks the Government to provide information on: (i) the measures taken to promote the undertaking of objective job evaluations in the private sector; (ii) the steps taken to ensure that pay rates are based on objective criteria free from gender bias, so that the work in female-dominated sectors is not being undervalued compared to male-dominated sectors; and (iii) the study on objective job-evaluation systems that was envisaged in the Government’s previous report and its findings.

Enforcement. The Committee notes the Government’s indication that although the Labour Affairs Bureau (LAB) has continued to provide legal trainings to labour inspector, no relevant complaints were received by the LAB, and that no judicial decision was rendered concerning the application of the Convention. The Committee requests the Government to continue to provide information on any cases involving the application of the principle of the Convention addressed by the judiciary or other competent authorities and their outcomes, including sanctions imposed and remedies provided. Please also provide information on any violation of the principle of equal remuneration between men and women for work of equal value detected by labour inspectors, the actions taken and their results.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Macau Special Administrative Region (notification: 1999)

Article 1(b) of the Convention. Equal pay for work of equal value. Legislation. Previously, the Committee brought to the Government’s attention the inconsistencies existing between the Portuguese and Chinese language versions of section 57(2) of the Labour Relations Law (No. 7/2008), which are equally authoritative. While the former refers to “equal work or work of equal value”, the Chinese text refers only to “equal work”, with no specific reference to “work of equal value”. The Committee also recalled that section 9 of Legislative Decree No. 52/95/M of 9 October 1995, provides for equal remuneration for men and women for equal work or work of equal value. In its report, the Government states that the circumstances mentioned in its previous reports have not changed. The Committee wishes to reiterate that consistency between the two authoritative language versions of the Law is essential to ensure full application of the Convention. It also emphasizes that legal provisions that are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination (see 2012 General Survey on the fundamental Conventions, paragraph 679). The Committee thus requests the Government to take immediate steps to harmonize the language versions of the Labour Relations Law (No. 7/2008) and Legislative Decree No. 52/95/M to ensure that full legislative expression is given to the principle of the Convention and to provide information in this regard.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(b) of the Convention. Equal pay for work of equal value. Legislation. The Committee recalls the inconsistency between the Portuguese text and the Chinese and English texts with respect to section 57(2) of the Labour Relations Law (No. 7/2008). In particular, while the Portuguese text refers to “equal work or work of equal value”, the Chinese and English texts refer only to “equal work”, with no specific reference to “work of equal value”. The Committee also recalls that section 9 of Legislative Decree No. 52/95/M of 9 October 1995, provides for equal remuneration for men and women for equal work or work of equal value. The Committee notes that the Government’ indicates in its report that pursuant to section 9 of the Basic Law of 1993 and sections 1 and 2 of Decree Law No. 101/99/M (Approval of the Status of the Official Languages), the Chinese and Portuguese texts of laws, Acts and proposals are equally authoritative, while the English text is used only for reference. The Government also indicates that it is in the process of revising the Labour Relations Law. While taking due note of the fact that the Chinese versions are given the same level of authority as Portuguese versions for the purposes of legislative interpretation, the Committee considers that the Portuguese version of section 57(2) of the Labour Relations Law needs to be consistent with the Chinese version for the principle of the Convention to be fully applied in legislation. The Committee, therefore, reiterates its request to the Government to take steps to harmonize the Chinese and Portuguese language versions of the Labour Relations Law (No. 7/2008) and Legislative Decree No. 52/95/M, so as to ensure that full legislative expression is given to the principle of equal remuneration for men and women for work of equal “value”, allowing not only for comparisons to be made between work that is the same or similar, but also comparing work that is of an entirely different nature but, nevertheless, of equal value. It asks the Government to provide information on measures taken in this regard, including during the process of reviewing and revising the Labour Relations Law.

Article 2. Minimum wages. The Committee notes the Government’s indication that the minimum wage of workers providing cleaning and security services outsourced by the public sectors has been further increased since 2015, and that a bill has been introduced to the Legislative Council entitled “Minimum Wage for Workers Providing Cleaning and Security Services in Property Management Operations”. The Government also indicates that a study towards a general minimum wage system will be conducted once the above law has been enacted and taken effect. The Committee also notes the Government’s indication that it has extended the duration of the implementation of Administrative Regulation No. 6/2008 (Interim Measures on Work Income Subsidy) throughout 2013 and 2014, thereby continuing its subsidy of low-income workers so they may maintain a monthly income of 5,000 Macau patacas as of 2014. The Committee asks the Government to continue to provide information on legislative progress made to implement a minimum wage scheme for workers providing cleaning and security services in property management operations, as well as measures taken towards the establishment of a generalized minimum wage system as a means to implement the principles of the Convention. It also asks the Government to provide information on the impact of the temporary measure concerning subsidies to remuneration on narrowing the gender pay gap, as well as the results of the study towards a general minimum wage system once it is available.

Articles 2 and 4. The gender pay gap and occupational segregation. The Committee previously asked the Government to take measures to address occupational gender segregation, including through vocational training courses and activities, with a view to reducing the persistent gender pay gap. The Committee notes from the Statistics and Census Service’s Employment Survey of the second quarter of 2016, the persistent gender segregation of the labour market manifests itself as follows: more men workers are represented in the electricity; construction; transport and real estate industries; whereas more women workers are represented in the education; health and social welfare; and domestic work activities. In terms of occupation, men are more highly represented among legislators and government officials, craftspersons, and machine operators, whereas women are more highly represented among clerks and unskilled workers. The Committee further notes from the statistics provided by the Government that, as of 2014, the median monthly employment income of industries and occupations where men predominate were generally higher than those in which women predominate; overall, the median income gender gap was 20 per cent. The gender income gap is as high as 25 per cent for the finance and the health and social welfare industries. It is 11.8 per cent for office clerks, services’ and sales’ workers and 41.8 per cent for non-technical workers. The Government indicates that upward mobility for women workers has been negatively impacted by factors such as limited choices of industries for the employment of women, especially those with a low level of education, family responsibilities, and limited opportunities for promotion for women over the age of 35. With regard to measures taken, the Government indicates that the Labour Affairs Bureau gathers information such as market demand and skills requirements in collaboration with social partners, and provides workers with training and skill-test opportunities. The Committee notes, however, that enrolment rates of women of the age groups of 15–24 and 25–35 years are far lower than those of men, while in the age groups of 45–54 and 55–62 years, the enrolment rates for women are much higher than those for men. Also, more women tend to enrol in training courses in areas including hotels, catering, real estate, accounting, and floral design. The Government indicates that the Commission of Women Affairs is developing the Macau Women Development Goals, which aims to integrate data from relevant departments to effectively enable women to work in diverse occupations. Noting the significant gender pay gap in some industries and occupations, the Committee asks the Government to step up its efforts to reduce the gender pay gap, including through measures to address the obstacles to women’s upward mobility and improve their access to a wider range of job opportunities, including in sectors and occupations in which they are under-represented. It also requests the Government to provide information on the measures taken to encourage the participation of women, especially young women and women of child bearing age, in a wider variety of vocational training courses, including those leading to career opportunities and employment in higher-paid occupations and sectors. The Committee further asks the Government to provide information on the results of any studies undertaken on the gender remuneration gap and its causes, and provide updated statistics, disaggregated by sex, branch of economic activity, and occupation or occupational group.

Measures to promote the application of the principle of the Convention. The Committee notes the Government’s indication that various measures to raise public awareness and understanding of Legislative Decree No. 52/95/M of 9 October 1995, have been implemented by the Labour Affairs Bureau, including briefing sessions, various multimedia broadcasts and publications, and events such as park fairs. The Government also indicates that the tripartite Standing Committee for Coordination of Social Affairs has been reviewing relevant labour issues and proposing measures through tripartite coordination and communication, such as the revision of the Labour Relations Law and the Law for the Employment of non-resident Workers. The Committee observes, however, that it still remains unclear if these measures are specifically targeted to promoting the application of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on measures taken or envisaged that specifically target workers, employers, and their organizations in order to ensure they are aware of the principle of equal remuneration for men and women for work of equal “value”. The Committee also requests specific information on the role and impact of workers’ and employers’ organizations in the Standing Committee for Coordination of Social Affairs in giving effect to the principle of the Convention.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that private-sector industries have traditionally established their own job evaluation criteria, but that it will carry out a study on objective job-evaluation systems in due course. The Committee trusts the Government will start to take the measures necessary to conduct objective job evaluations in the private sector, and invites the Government to provide information on steps taken in this regard. Recalling the occupational gender segregation characterizing the labour market, and the absence of objective job evaluation in the private sector, the Committee repeats its request to the Government to provide information on the steps taken to ensure that pay rates are based on objective criteria free from gender bias, so that the work in female-dominated sectors is not being undervalued compared to male-dominated sectors. The Committee also asks the Government to provide information on the findings of the study on objective job-evaluation systems.

Enforcement. The Committee notes the Government’s indication that the Labour Affairs Bureau provided training for labour inspectors on relevant laws and regulations and international labour Conventions, and that it has developed a Guidance Note on Equal Remuneration for Men and Women Workers for Work of Equal Value, to assist labour inspectors to analyse whether an employer has engaged in non-compliance. The Government also reports that there have been no court decisions issued between June 2012 and May 2015, involving legal provisions on equal remuneration, nor have any complaints been submitted to the Labour Affairs Bureau on this matter. The Committee welcomes the training measures provided to labour inspectors as outlined above, and asks the Government to provide detailed information on the outcomes of such measures, including information on labour inspections conducted, the number and type of violations detected or reported regarding the principle of the Convention, action taken, and their results. The Committee also asks the Government to continue to provide information on any cases addressed by the other competent authorities involving the relevant legal provisions on equal remuneration, including information on remedies provided and sanctions imposed. It also asks the Government to send a copy of the Portuguese version of the guide for the inspectors, as previously requested by the Committee.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislation. The Committee notes from the various language versions of Labour Relations Law No. 7/2008 annexed to the Government’s report, that there is an inconsistency between the Portuguese text and the Chinese and English texts with respect to section 57(2). In particular, while section 57(2) of the Portuguese text refers to “equal work or work of equal value”, the Chinese and English texts refer only to “equal work”, with no specific reference to “work of equal value”. The Committee also recalls that section 9 of Legislative Decree No. 52/95/M of 9 October 1995 provides for equal remuneration for men and women for equal work or work of equal value. The Committee asks the Government to take steps to harmonize the various language versions of the Labour Relations Law and Legislative Decree No. 52/95/M, and to ensure that full legislative expression is given to the principle of equal remuneration for men and women for work of equal value, allowing not only for comparisons to be made between work that is the same or similar, but also comparing work that is of an entirely different nature but nevertheless of equal value. Please provide information on the specific steps taken in this regard.

Gender pay gap. The Committee recalls its previous comments asking the Government to take measures to address occupational gender segregation with a view to reducing the persistent gender pay gap. The Committee notes that the Government acknowledges that there is both vertical and horizontal gender segregation, and provides specific examples of women being concentrated in lower paid sectors and lower level jobs. The Committee further notes the Government’s indication that the Labour Affairs Bureau has conducted various vocational training courses and activities open to both men and women, and that the Government considers that by providing the same vocational training to men and women, it aims at eliminating some traditional assumptions regarding the abilities of men and women or their suitability for certain jobs so as to narrow the gender remuneration gap. The Committee asks the Government to provide information on the vocational training courses and activities, including the number of participants disaggregated by sex, and the results achieved, in particular to what extent such courses have resulted in more women having access to higher paying posts and occupations. The Committee also asks the Government to provide information on any other measures taken to decrease the gender remuneration gap. Please also provide information on the results of any studies undertaken on the gender remuneration gap and its causes, and provide updated statistics, disaggregated at least by sex, branch of economic activity and occupation or occupational group.

Measures to promote the application of the principle of the Convention. The Committee notes the various promotional activities undertaken and materials published concerning Labour Relations Law No. 7/2008 generally, with some specifically addressing women’s rights. In response to the Committee’s comments concerning the development of practical tools to help workers to determine whether the remuneration they receive is in accordance with the principle of the Convention, the Government indicates that the Labour Affairs Bureau and the Statistics and Census Bureau periodically publish information on wage incomes. However, the Committee observes that it remains unclear if these measures are specifically targeted to promoting the application of the principle of equal remuneration for men and women for work of equal value. The Committee also recalls the Government’s commitment to work through the tripartite coordination mechanisms in formulating labour-related policies and measures in the context of promoting the principle of the Convention, and the Government’s reference to the adoption of legislation concerning collective bargaining. The Committee notes that the Government’s report does not contain information on any progress made in this regard. The Committee asks the Government to provide specific information on the measures taken to ensure that workers and employers are aware of the principle of equal remuneration for men and women for work of equal value, and can apply it in practice. Please also provide information on how workers’ and employers’ organizations have been specifically involved in measures aimed at giving effect to the principle of the Convention, and the results achieved.

Minimum wages. The Committee notes that minimum wages for outsourced employees providing sanitary and security services to public entities were increased by Chief Executive Order No. 219/2011, amending No. 250/2007. The Committee also notes the Government’s indication that, pursuant to its policy statement in 2011, the Government has formulated plans to establish minimum wages and that it has been considering gradually extending the minimum wage scheme for outsourced employees to similar enterprises in the private sector, or to all enterprises. The Government adds that it has urged workers and employers to start discussions on establishing minimum wages through the Standing Commission for the Coordination of Social Affairs. With regard to the temporary measure concerning subsidies to remuneration, the Committee notes the promulgation of Administrative Regulation No. 7/2011, extending the duration of the implementation of this temporary measure. The Government indicates that the subsidies have had a role in narrowing the gender remuneration gap as, over the past years, many of the low-income employees who have applied for the subsidies are women in manufacturing. The Committee asks the Government to provide information on the impact of the measures taken with respect to minimum wages on reducing the gender pay gap, and on any progress made in setting up a generalized minimum wage system as a means to apply the Convention. The Committee also asks the Government to provide further information on the impact of the temporary measure concerning subsidies to remuneration on narrowing the gender pay gap.

Objective job evaluation. The Committee notes the Government’s indication that the Government will continue to invite and listen to the views of employers’ and workers’ organizations, and to actively explore possible approaches to establishing objective job evaluation in the private sector. The Committee asks the Government to provide specific information on the concrete steps taken or envisaged to promote and develop methods for the objective evaluation of jobs in the private sector. Recalling the occupational gender segregation characterizing the labour market, and in the absence of objective job evaluation in the private sector, the Committee also asks the Government to provide information on the steps taken to ensure that wage rates are based on objective criteria free from gender bias, so that the work in female-dominated sectors is not being undervalued compared to male-dominated sectors.

Enforcement. The Committee notes the Government’s indication that there have been no court decisions, or complaints received by the Labour Affairs Bureau concerning the application of the Convention, and that with regard to the case handled during the previous reporting period, the Labour Affairs Bureau found no violation of law. The Committee also notes the Government’s indication that the Legal and Judicial Training Centre held a workshop on the principle of work of equal value during the period from 2009–11. The Committee asks the Government to continue to provide information on the measures taken or envisaged, including training, regarding the concept of “work of equal value” to assist judges and labour inspectors to fulfil their role effectively. It also asks the Government to continue to provide information on any cases addressed by the competent authorities involving the relevant legal provisions on equal remuneration, including information on remedies provided and sanctions imposed. Please send a copy of the Portuguese version of the guide for the inspectors and the agenda of the workshop for judges, as they were not attached to the Government’s report.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

style='font-weight:normal'>(notification: 1999)

Assessment of the gender pay gap. The Committee recalls the particularly wide gender pay gap in manufacturing and in some occupational groups in certain sectors of the economy. It notes the Government’s explanation that work performed by “plant and machine operators, drivers and assemblers” requires handling of large machines, which is highly physical, and therefore “more suitable to male employees”. The occupational group of “skilled agricultural and fishery workers” in the gaming industry also involves tasks favouring physically stronger male employees. With respect to the “transport, storage and communications” sector, the Government states that the gender pay gap manifests itself particularly in the occupational group of “technicians and associate professionals”, which includes professions involving activities which tend to be performed more by men. In the Government’s view, physical differences, seniority, experience and other factors such as the economic development of a particular industry have contributed to the gender gap in remuneration. The Committee draws the attention of the Government to its 2006 general observation, which highlights stereotypical assumptions regarding women’s aspirations, preferences, capabilities and “suitability” for certain jobs, as being a major factor contributing to occupational sex segregation in the labour market. As a result, certain jobs are held predominantly or exclusively by women and others by men. These assumptions also tend to result in pay structures undervaluing “female jobs” in comparison with those of men who are performing different work and using different skills; as such skills or attributes, such as heavy lifting or physical strength, typically associated with jobs traditionally performed by men, are being overvalued, compared to skills such as manual dexterity and those required in caring professions, associated with jobs generally performed by women. Taking note of the Government’s intention to continue to study the causes of the gap with a view to finding effective solutions, the Committee asks the Government to ensure that the studies envisaged include an assessment of the extent to which stereotypical assumptions regarding women’s capabilities and “suitability” for certain jobs, and the overvaluing of skills typically associated with jobs performed by men, contribute to the persistence of the gender gap in remuneration, and to report on the results achieved. The Committee also asks the Government to take measures to address the occupational segregation of men and women in certain occupations and sectors with a view to reducing the gender pay gap, and refers in this regard to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 2. Measures to promote the application of the principle of the Convention. The Committee notes the information in the Government’s report regarding the various promotional activities undertaken and materials published by the Legal Affairs Bureau and the Labour Affairs Bureau regarding the legal provisions concerning equal remuneration for men and women. The Committee asks the Government to continue to provide information on the measures taken to ensure that workers and employers are aware of the relevant provisions in the Labour Relations Law No. 7/2008, and Legislative Decree No. 52/95/M, dealing with equal remuneration. Given the continuing wide gender pay gap in some occupations and sectors, the Committee asks the Government to consider developing practical tools to help workers to determine whether the remuneration they receive is in accordance with the principle of the Convention.

Collective agreements. The Committee notes the information in the Government’s report regarding the difficulties and diverging opinions on the issue of collective bargaining in general. It also notes the Government’s commitment to work through the tripartite coordination mechanisms when formulating labour-related policies and measures. The Committee asks the Government to continue to provide information on developments with regard to the adoption of legislation concerning collective bargaining and the manner in which it is used as a means to promote equal remuneration for men and women for work of equal value. Please also provide information on how workers’ and employers’ organizations have been specifically involved in measures aimed at giving effect to the principle of the Convention, and the results achieved.

Minimum wages. The Committee notes that the Government is still studying the results of the minimum wage system introduced for the sanitary and security services outsourced by public establishments. It also notes the additional measures taken by the Government to alleviate the pressure for low-income full-time employees (i.e. Administrative Regulation No. 6/2008 regarding the temporary measure on supplementary remuneration for work, and Administrative Regulation No. 6/2009 extending the time for the implementation of the temporary measure on supplementary remuneration for work). The Government indicates that the results achieved with regard to these will serve as the basis for studying a minimum wage system covering all industries. The Committee asks the Government to provide information on the impact of the measures taken on reducing the gender pay gap between men and women, and on any progress made in setting up a generalized minimum wage system as a means to apply the Convention.

Objective job evaluation. The Committee notes the Government’s indication that it will explore, when appropriate, the feasibility of objective job evaluation systems in the private sector, and the formulation of principles and guidelines for implementing the provisions of the Convention. Considering the assessment of the gender wage gap and its causes set out in paragraph 1 of this direct request, the Committee asks the Government to increase its efforts, in cooperation with workers’ and employers’ organizations, to promote and develop methods for the objective evaluation of jobs with a view to effectively applying the principle of equal remuneration for men and women for work of equal value in the private sector.

Labour inspection. The Committee notes that the Labour Affairs Bureau received one case regarding unequal remuneration between men and women, which is still pending. It also notes that special hotlines have been set up for citizens for questions on gender discrimination, and that the Labour Inspection Department has issued a “guidance for working in the area of equal remuneration for men and women for work of equal value”. The Committee will examine the document when a translation into Portuguese or any of the official ILO languages is available. Underlining the important role of judges and labour inspectors in ensuring the application of the principle of the Convention, the Committee asks the Government to indicate the measures taken or envisaged, including training, regarding the concept of “work of equal value” to assist judges and labour inspectors to fulfil their role effectively. Please also continue to provide information on any cases addressed by the competent authorities involving the relevant legal provisions on equal remuneration, including information on remedies provided and sanctions imposed.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Assessment of the gender pay gap. The Committee notes that according to the Survey on Manpower Needs and Wages, the gender pay gap (average earnings without bonuses) in March 2008 was as wide as 37.8 per cent in manufacturing, and 39.2 per cent among plant and machine operators within that sector. The gender pay gap in wholesale and retail trade was 15 per cent in June 2008, while it was 20.1 per cent in transport, storage and communication. The gender pay gap for the gaming industry was relatively low (9.4 per cent); however it was particularly high among professionals (35.1 per cent) and skilled agricultural and fishery workers (44.4 per cent) within that industry. The Committee asks the Government to continue to provide detailed statistical information on the earnings of men and women in the different industries and occupations. Noting that there appears to be a particularly wide gender pay gap in manufacturing as well as a number of occupational groups in some sectors of the economy, the Committee asks the Government to study the causes of the respective gender pay gaps in more detail and to provide information on the manner in which these causes have been studied and on any resulting findings or conclusions.

Articles 1 and 2 of the Convention. Legislation. The Committee notes that section 57(2) of the new Labour Act (No. 7/2008) provides that the remuneration for work is determined by agreement between the employer and the worker, taking into account the quantity, nature and quality of the work and equal remuneration for equal work or work of equal value. Section 6 provides for equal treatment in respect of working conditions irrespective of sex and other grounds. The Committee further notes that the Labour Act amended section 15 (sanctions) of the Legislative Decree No. 52/95/M of 9 October 1995 concerning equality of opportunity and treatment of men and women in employment. As amended, the Legislative Decree now provides for punishment from MOP 20,000 to MOP 50,000 for violations of its provisions, including section 9 which provides for equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on the measures taken to ensure that workers and employers are aware of these new provisions. It encourages the Government to develop practical tools for men and women workers, particularly those working in occupations and sectors affected by a wide gender pay gap, to assist them in determining whether their remuneration is in accordance with the principle of equal remuneration for men and women for work of equal value. Please also provide information on any cases addressed by the competent authorities involving section 57(2) of the Labour Relations Act and section 9 of the Legislative Decree No. 52/95/M, including information on any remedies awarded or sanctions imposed.

Collective agreements. The Committee notes that the new Labour Act no longer refers to collective bargaining as a means to determine remuneration as was the case under former section 27(1) of Legislative Decree No. 24/89/M. Nevertheless, the Government recognizes in its report that the introduction of collective bargaining was an effective means to realize workers’ basic interests. Stressing that collective bargaining is indeed an important means to ensure the application of the Convention, the Committee asks the Government to provide information on any further developments with regard to the promotion of collective bargaining as a means to promote equal remuneration for men and women for work of equal value.

Minimum wages. The Committee notes from the Government’s report that the tripartite Standing Committee for the Coordination of Social Affairs adopted a minimum wage of MOP 21 per hour for cleaning and security services procured by the Government. The Government would monitor this measure and consider the extension of its coverage. The Committee asks the Government to provide information on any further developments with regard to the setting of minimum wages as a means of applying the Convention.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that many private enterprises may not be in a position to establish systems for objective job evaluation due to reasons such as the size of the enterprise or the nature of the service provided. The Government also states that the formulation of a system for the objective evaluation of jobs would require further surveys and studies. Noting the Government’s indications, the Committee trusts that the necessary studies will be carried out in due course, in cooperation with workers’ and employers’ organizations, with a view to promoting the use of objective job evaluation methods in the private sectors, and asks the Government to provide information on any progress made in this regard.

Labour inspection. The Committee notes the Government’s indication that inspectors receive directives concerning the inspection of the implementation of the principle of equal remuneration. However, according to the labour inspection department of the Labour Affairs Bureau no complaints regarding compliance with the Convention were received between 1 June 2005 and 31 May 2007. The Committee asks the Government to provide a copy of the directives addressed to labour inspectors concerning the inspection of the implementation of the principle of equal remuneration, as well as updated information on whether the labour inspectors have identified and address any cases concerning equal remuneration for men and women for work of equal value.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Application of the Convention. The Committee notes the Government’s statement that although the principle of non-discrimination between men and women is firmly entrenched in the daily lives of workers, further work remains to be done to raise awareness and monitor compliance with the principle of equal remuneration. In this respect, the Committee notes the information provided by the Government in its report to the Committee on the Elimination of Discrimination against Women in which it acknowledged that there are still differences regarding salaries between men and women, especially in unskilled jobs where the average monthly salary earned by men in 2001 was approximately MOP 5,567, whereas unskilled women earned MOP 3,695 (CEDAW/C/CHN/5-6/Add.2, paragraph 190). The Committee asks the Government to include information in its next report on the measures taken to raise awareness and monitor compliance with the principle of equal remuneration between men and women for work of equal value, and to indicate the impact of these policy measures on the gender pay gap, particularly among unskilled workers.

2. Article 2 of the Convention. The Committee notes from the Government’s report that it is currently conducting a labour legislation review and that it will focus in the future on non-discrimination in wages paid to men and women. It notes that the tripartite Standing Committee on Social Cooperation is being consulted in the context of this review and that the principle of equal remuneration will be broadened to apply to jobs performed for different employers and sectors of activity once the review is completed. The Committee welcomes the Government’s initiative in this regard and asks to be kept informed on any developments in the review process regarding equal remuneration between men and women for work of equal value. Please also forward copies of the relevant new legislation once adopted.

3. In response to the Committee’s comments on the role of collective bargaining in the setting of wages in Macau, the Government states that although article 6 of Legislative Decree No. 24/89/M provides that Conventions or collective agreements take precedence over the law where they establish more favourable working conditions, collective bargaining is practically non-existent in the Region. The Committee further notes that although there is no minimum wage legislation covering the private sector, the Government intends to introduce such a law through its review of Legislative Decree No. 24/89/M. The Committee looks forward to receiving a copy of the amended legislation regarding the setting of a private sector minimum wage and asks the Government to provide information on the impact of the new law, once enacted, on wage differentials between men and women workers.

4. Article 3. Objective job evaluation. The Committee notes the Government’s statement that it does not have a methodology for performing job classifications and comparisons. The Government nevertheless indicates that the Department of Employment of the Directorate for Services for Labour Affairs has a Job Promotion Division which centralizes information on job vacancies. The Committee points out that the notion of an objective appraisal of jobs under Article 3(1) of the Convention is not akin to the classification of jobs by the employment services to assist jobseekers in finding employment. Rather, it implies the adoption of some technique to measure and compare objectively the relative value of the jobs performed. This is of particular importance given that men and women tend to perform different jobs, and a technique to measure the relative value of jobs with varying content is critical to eliminating discrimination in the remuneration between men and women. Noting that the Government has established wage scales for different occupational categories in the public sector, the Committee asks for information on the methodology used for determining remuneration for the different jobs performed. The Government is also asked to provide information on the measures taken or under consideration to promote the objective appraisal of jobs in the private sector as a means to assist in giving effect to the principle of equal remuneration.

5. Statistics. The Committee notes the statistics included in the Government’s report showing wage scales for the public sector as well as the median monthly employment earnings by industry and occupation in the private sector. These figures do not reveal, however, the actual earnings of men and women in different occupations or levels of responsibility for either the public or private sector. The Government states that there are presently no statistics in Macau of sufficient quantity or quality to permit a detailed breakdown of earnings by sex. The Committee wishes to remind the Government that an analysis of the position and pay of men and women in all job categories within and between the various sectors is required to permit an adequate evaluation of the nature, extent and causes of the pay differential between men and women and to measure the progress achieved in implementing the principle of the Convention. The Committee hopes, therefore, that the Government will be in a position to provide greater detail in its next report on the distribution and earnings of men and women in the private and public sectors in accordance with the Committee’s 2002 general observation. If no such statistics are available, the Committee asks the Government to indicate what steps it is taking towards the compilation of such statistical information.

6. Labour inspection. The Committee notes that inspection teams belonging to the Department of Labour Inspection have undergone training courses including a module on ILO Conventions and the procedures for monitoring compliance with these Conventions. Noting also that an additional 24 inspector recruits will receive training specific to Convention No. 100, the Committee asks the Government to include along with its next report information on the impact of the training provided to inspectors on Convention No. 100 as well as existing inspection guidelines for monitoring workplace compliance with the principle of equal remuneration. Please also provide information on the number and outcome of cases identified by the inspectorate or complaints submitted regarding equal pay.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with interest the information the Government provided with its first report and of the various annexes, including legislation.

Article 2(1) of the Convention. The Committee asks the Government to provide detailed information in its next report on the manner in which the application of the principle of equal remuneration between men and women workers for work of equal value is promoted.

Article 2(2)(a). The Committee notes that the principle of equal remuneration between men and women workers for work of equal value is contained in the law. However, it notes that section 9(1) of Legislative Decree No. 52/95/M lays down that the principle of equal remuneration for equal work or for work of equal value applies to work performed for the same employer. It also notes that the definitions of "equal work" and "work of equal value" contained in section 3(c) and (d) of Legislative Decree No. 52/95/M also provide that the jobs to be compared should be jobs performed for the same employer. The Committee draws the Government’s attention to the fact that these definitions are more restrictive than the Convention provides, since the principle of equality of remuneration between men and women may also apply to jobs performed for different employers. The Committee asks the Government to indicate the scope for fixing wages (e.g. on the national, sector, industry and enterprise levels). It also asks the Government to indicate the manner in which comparisons can be made beyond one employer when wages are set beyond the level of one employer.

Article 2(2)(c). The Committee notes that section 27(1) of Legislative Decree No. 24/89/M provides that wages should be agreed between the employer and the worker within the limits established by the custom, regulations, collective agreements and the legislation. The Committee asks the Government to provide information on the measures taken to promote knowledge and awareness of the principle of equality of remuneration between men and women for work of equal value, with special attention to collective bargaining. It also asks the Government to submit copies of collective agreements and of industrial regulations which include the principle of the Convention.

Article 3(1)(2). The Committee notes that there is no information in the Government’s first report on the promotion of objective appraisal of jobs on the basis of the work to be performed. Referring to the need for "work of equal value" to be based on a comparison of jobs of a different nature, it is important that there exist methods and procedures which are easy to use and to access and which are capable of ensuring that the criterion of sex is not directly or indirectly taken into account in the comparison. The Committee asks the Government to provide information in its next report on the existence of a methodology to establish evaluation of job classifications in both the private and public sectors.

Article 4. The Committee takes note of the indication provided by Government in its first report according to which representative associations of workers and employers are extensively involved in the socio-labour sphere to avoid different wages due solely to the fact that they relate to male or female labour. The Committee trusts that the Government will provide detailed information on the manner in which workers’ and/or employers’ organizations assist in the application of the principle of the Convention (e.g. a mechanism for consultation when wages are fixed in the public sector). The Committee also takes note of the Government’s indication that the Standing Committee on Social Cooperation is a tripartite consultative body to the Head of the Executive to promote social-labour policy and that this Committee should express its views regarding strict compliance, in particular, with the application of the Articles of the Convention. Noting that this committee could put forward proposals and recommendations on its own initiative, the Committee asks the Government to submit information with its next report on the activities of the Standing Committee on Social Cooperation related to the application of the Convention, in particular, with a view to elaborating a machinery for wage determination and on methods for the objective appraisal of jobs.

Part III of the report form. The Committee notes that according to the Government’s first report, the Labour and Employment Services Directorate (DSTE) is entrusted with responsibility for promoting actions for the enforcement of ILO instruments, and that the Labour Inspection Department (DIT), is in charge of monitoring compliance with ratified ILO Conventions. The Committee asks the Government to provide information in its next report on the training given to officials of the DIT to ensure the application of the principles of the Convention.

Part V of the report form. The Committee asks the Government to provide statistical data, disaggregated by sex, related to the remuneration in different sectors and levels of occupations according to the 1998 general observation (attached for ease of reference), and in activities with a large concentration of women. It also asks the Government to provide information about the existence of cases before judicial bodies related to contraventions of the principle of equality of remuneration between men and women for work of equal value.