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

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

Article 2 of the Convention. Gender wage gap. In its previous comments, the Committee noted that while the labour force participation rate of women had increased, it remained low compared to that of men and the gender wage gap remained significant in certain industries and occupations. The Committee requested the Government to provide: (i) specific information on the impact that the measures taken, in the framework of the Eleventh Malaysia Plan 2016–20, to increase the labour force participation rate of women and their representation in decision-making positions in terms of reducing the gender wage gap in the various industries and occupations, particularly in those where it is high; (ii) information on any other measures taken or envisaged, in cooperation with workers’ and employers’ organizations, to this end; and (iii) up-to-date statistical data, disaggregated by sex, on the distribution of workers in the various industries and occupations, specifying their corresponding remuneration levels. In its report, the Government indicates that: (1) the impact of the measures taken can be seen from the results of the Labour Force Survey Report 2017 which show an increase of women’s participation in the labour force from 54.3 per cent in 2016 to 54.7 per cent in 2017. Further, the Salaries and Wages Report Survey 2017 noted a decrease in the overall gender wage gap (mean monthly salaries) from 7.6 per cent in 2016 to 6.2 per cent in 2017, and female employees recorded a higher growth in their monthly salary of 9.1 per cent compared to the monthly salary growth of 7.5 per cent for male employees; (2) it adopted the strategy B2 (Incoming female participation in the labour force) through the remaining period of the Eleventh Malaysia Plan which will focus on the following: (a) implementing flexible working arrangements by amending labour laws to allow the implementation of flexible working arrangements, subject to mutual agreement between employees and employers; (b) expanding minimum maternity entitlements by amending the Employment Act 1955 (EA 1955) to increase minimum maternity leave from 60 to 98 days in the private sector; and (c) regulation on childcare facilities will also be reviewed in order to better facilitate the establishment of childcare centres at workplaces or within the vicinity of workplaces; all government agencies are required to provide childcare facilities from January 2019; (d) to increase the role of women in leadership and policymaking, efforts will be continued to achieve the target of at least 30 per cent participation of women on the boards of directors of state owned enterprises (SOEs), statutory bodies and public listed companies by 2020; and (3) the review and amendments of the relevant labour laws being done through cooperation with employers and workers. The Department of Labour has several platforms of engagement including an online public engagement whereby all persons may provide views on the proposed amendments which will be taken into consideration by the Government. The Committee takes notes of all these initiatives and welcomes the slight increase in women’s participation in the labour force and reduction in the overall gender wage gap. It notes however that, according to the Labour Force Survey Report 2018, women’s participation in the labour force (80.7 per cent for men and 55.6 per cent for women) and the gender wage gap (6.2 per cent in 2017) remained significant between men and women. It notes further the concerns raised by the UN Committee on the Elimination of Discrimination Against Women (CEDAW) in its concluding observations, about the low representation of women in decision-making positions in the private sector despite their high educational and professional achievements and qualifications, as well as the persistent wage gap in most occupational categories (CEDAW/C/MYS/CO/3-5, 9 March 2018, paragraph 37). The Committee asks the Government to continue providing information on the effective impact of the measures adopted with a view to increasing the labour force participation rate of women and their representation in decision-making positions (in particular the implementation of the strategy B2 (Incoming female participation in the labour force) and the Eleventh Malaysia Plan 2016–20, and the amendment to the Employment Act 1955), in terms of reducing the gender wage gap in the various industries and occupations, both in the public and private sectors.

Minimum wages. In its previous comments, the Committee recalled that the principle of equal remuneration for work of equal value is to apply to domestic workers, whether nationals or non-nationals, and requested the Government to provide specific information on the manner in which it is ensured that in determining wages (including minimum wages) for domestic workers who are mostly women, their work is not being undervalued as compared to work done by predominately male groups. The Government recalls that the exclusion of domestic workers from minimum wage coverage is based on recommendations from the National Wages Consultative Council (NWCC), a tripartite body, which was established under the National Wages Consultative Council Act 2011 (Act 732) and that in 2018 the Minimum Wages Order (MWO) excluded domestic workers from its coverage, based on the NWCC. The Government explains that domestic workers are excluded from the MWO due to the informal nature of their employment as compared to those working in the formal sector. In addition, their accommodation cost (at the residence of the employer) and other costs, including food and other amenities are also borne by the employer. The Government indicates that the Ministry, through the NWCC will look into the observation of the ILO in this regard and will consider this matter in the forthcoming NWCC meetings. The Committee recalls that there is a possibility of indirect discrimination where female-dominated groups of workers are excluded from the application of minimum wage legislation, in particular those most vulnerable to wage discrimination such as domestic workers. Where certain categories of workers are excluded from general labour or employment law, it needs to be determined whether special laws or regulations apply to such groups, and whether they provide the same level of rights and protection as the general provisions (see 2012 General Survey on the fundamental Conventions, paragraphs 684, 742 and 745). The Committee notes that CEDAW in its 2018 concluding observations, expressed its “concern regarding the situation of women migrant domestic workers, who are denied equal rights under the State party’s labour laws vis-à-vis other migrant workers, including in relation to minimum wages, working hours, rest days, leave, freedom of association, and social security coverage. It is concerned that such lack of legal guarantees of their labour rights leaves women migrant domestic workers vulnerable to exploitation and abuse” (CEDAW/C/MYS/CO/3-5, 9 March 2018, paragraph 43). The Committee requests the Government to provide specific information on the manner in which it is ensured that in determining wages (including minimum wages) for domestic workers, including migrant workers, who are mostly women, their work is not being undervalued as compared to work done by predominately male groups and to keep it informed of the outcome of its deliberations with the NWCC on this matter.

Application of the principle in the public sector. As the Government’s report is silent on this point and recalling the Government’s obligation to ensure the full application of the principle of equal remuneration for men and women for work of equal value to its own employees, the Committee requests, once again, the Government: (i) to indicate how it is ensured that the criteria used to determine the classification of jobs and remuneration scales in the public sector are free from gender bias and that positions held predominantly by women are not undervalued in comparison with those held by men; (ii) to take the necessary steps to collect and analyse statistical information on the distribution of men and women in the various occupations and positions in the public sector and their corresponding remuneration levels; and (iii) to provide information on the measures taken to improve the access of women to higher ranking and better paid positions in the public sector, and the results achieved.

Article 3. Objective job evaluation. The Committee requested the Government to provide information on the adoption and implementation of the National Wage Index (NWI) in collaboration with employers’ and workers’ organizations. It also requested the Government to provide a copy of the NWI, once adopted, indicating also whether it would apply to both the public and private sectors. The Government indicates that the NWI has been formally launched on 19 February 2019. This index was developed as a guideline to measure the evolution in the salaries of workers in Malaysia and one of the key finding is that basic wages grew by 8.2 per cent over eight quarters from 2016 to 2018. Regarding the implementation of the NWI, the Government indicates that it is available online on the website of the Institute of Labour Market and Analysis (ILMIA) so that employers could use it as a guide for setting pay levels for salary adjustments and as input to their human resource policies, and employees and job seekers could benchmark changes in their wages to broader labour market trends and to assess their wage increase or changes over their career path. The Committee notes that the NWI was based on quarterly surveys on payroll information and adjustments between September 2016 and June 2018. It is a combined index of both the private and public sector wage and salary changes. The Committee welcomes the launch of the National Wage Index (NWI) and asks the Government to provide information on the findings of the NWI as regards the trends in women’s and men’s earnings by occupations and economic sectors, both in the private and public sector.

Article 4. Cooperation with the social partners. As the Government’s report is silent on this point and recalling the important role of the social partners in implementing the principle of the Convention, the Committee requests the Government to take the necessary measures to effectively cooperate with employers’ and workers’ organizations, within the National Labour Advisory Council or otherwise, with a view to giving effect in practice to the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide information on any specific measures taken in this respect, as well as on the results achieved.

Enforcement. The Committee requested the Government to provide information on the activities of the labour inspection services, as well as any other available information on the number, nature and outcome of cases regarding equal remuneration for men and women for work of equal value, in both the private and public sectors, dealt with by any competent authorities. It also requested the Government to provide specific information regarding awareness-raising activities conducted among workers, employers and their organizations, as well as labour inspectors, judges and other officials responsible for ensuring the implementation of the principle of the Convention, in practice. The Government indicates that it is currently reviewing and amending the Employment Act 1955 in order to include an anti-discriminatory provision, which will authorize the Government to inquire into any complaints regarding discriminatory treatments in workplaces relating to gender, race and religion. Until this process is completed, no specific legislation is available for enforcement relating to inequality based on gender. Hence, no cases regarding equal remuneration are handled by the Government. Recalling that monitoring and enforcement of equality and anti-discrimination laws and policies is an important aspect in determining if there is effective implementation of the Convention, the Committee requests the Government to provide information on the progress made towards the adoption of appropriate amendments to the Employment Act 1955. In the meantime, please provide information on any awareness-raising activities conducted among workers, employers and their organizations, as well as labour inspectors, judges and other officials responsible for ensuring the implementation of the principle of the Convention in practice.

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

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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Article 2 of the Convention. Gender wage gap. In its previous comments, the Committee noted that the gender wage gap was particularly high in certain industries and occupations and requested the Government to take concrete measures to improve the access of women to a wider range of job opportunities at all levels, including in better paid positions. The Committee notes from the Salaries and Wages Report Survey of 2015 (Department of Statistics) that while the labour force participation rate of women increased (from 49.5 per cent in 2012, to 54.1 per cent in 2015), it remained low compared to that of men (80.4 per cent in 2015). It further notes that while the overall gender wage gap (mean monthly salaries) decreased from 4.5 per cent in 2013, to 3.9 per cent in 2015, the gender wage gap remained significant in certain industries and occupations. When looking at mean monthly salaries and wages, by occupation, the gender wage gap continues to be lowest for technicians and associate professionals (6.7 per cent) and clerical support workers (11.9 per cent) while it is still significant for other occupations such as managers (25.9 per cent), professionals (24.1 per cent), craft and related trade workers (29.5 per cent), services and sales workers (31.8 per cent) and skilled agriculture, forestry and fishery workers, for whom it has increased (34.2 per cent against 26.8 per cent in 2013). The Committee notes that, at the industry level, there is a persistently high gender wage gap in agriculture, forestry and fishing (35.7 per cent), professional, scientific and technical activities (35.3 per cent), finance and insurance (32.3 per cent), accommodation, food and beverage service activities (28.3 per cent) and real estate activities (28.1 per cent). The Committee notes that one of the objectives of the Eleventh Malaysia Plan for 2016–20 is to increase the labour force participation rate of women up to 59 per cent by 2020. To this end the Government is implementing initiatives to promote women entrepreneurs, through access to credits and loans, and to help them better reconcile work and family responsibilities, through financial incentives for companies and promotion of flexible work arrangements. The Committee further notes that, according to the Plan for 2016–20, efforts will be intensified to increase the number of women in decision-making positions. In this connection, it notes the Government’s indication that the number of women in decision-making positions in the private sector remained very low as compared to the target of 30 per cent by 2016 (as only 15.4 per cent of women were holding top management positions in private companies in August 2015), but that the “30 per cent Club” was launched in May 2015, in order to strengthen affirmative action to achieve gender equality. The Committee requests the Government to provide specific information on the impact that the measures taken, in the framework of the Eleventh Malaysia Plan for 2016–20, to increase the labour force participation rate of women and their representation in decision-making positions in terms of reducing the gender wage gap in the various industries and occupations, particularly in those where it is high. It also requests the Government to provide information on any other measures taken or envisaged, in cooperation with workers’ and employers’ organizations, to this end. The Committee asks the Government to provide up-to-date statistical data, disaggregated by sex, on the distribution of workers in the various industries and occupations, specifying their corresponding remuneration levels, as such data constitutes an important tool to assess the progress made in the application of the Convention.

Minimum wages. In its previous comments, the Committee noted that while the Minimum Wages Order 2012, set the monthly minimum wage for all private sector workers, domestic workers were excluded from its scope. The Committee welcomes the increase of the minimum wages from 1 July 2016, as a result of the National Wages Consultative Council’s recommendations, as well as the ratification of the Minimum Wage Fixing Convention, 1970 (No. 131), by Malaysia on 7 June 2016. However, the Committee observes that domestic workers continue to be excluded from the scope of the Minimum Wages Order. Noting that according to the Labour Force Survey Report of 2015 (Department of Statistics) more than 95 per cent of domestic workers are women, the Committee again draws the Government’s attention to the possibility of indirect discrimination where female-dominated groups of workers are excluded from the application of minimum wage legislation, in particular those most vulnerable to wage discrimination such as domestic workers (see 2012 General Survey on the fundamental Conventions, paragraphs 684 and 707). Recalling, once again, that the principle of equal remuneration for work of equal value is to apply to domestic workers, whether nationals or non-nationals, the Committee requests the Government to provide specific information on the manner in which it is ensured that in determining wages, (including minimum wages) for domestic workers who are mostly women, their work is not being undervalued as compared to work done by predominately male groups.

Application of the principle in the public sector. The Committee previously noted the salary structure and job classifications in the public sector and requested the Government to indicate how it was ensured that the job classification system was free from gender bias. It also requested the Government to provide information on the measures taken to improve the access of women to higher ranking and better paid positions in the public sector. The Committee welcomes the increase of the rate of women in top management positions in the public sector from 30.5 per cent in 2010, to 37.1 per cent in 2015. The Committee, however, recalls that the fact that a system of remuneration is based on a classification of jobs that applies to all public sector employees, without distinction on the ground of gender, does not prevent indirect pay discrimination. Discrimination can be due to the manner in which the classification of jobs itself was established, with the tasks performed mainly by women often being undervalued in comparison to the tasks traditionally performed by men, or it can result from inequalities in the payment of certain wage supplements for work of equal value (allowances, benefits, etc.). The Committee notes the absence of information provided by the Government on the distribution of men and women in the different positions of the public sector, and their corresponding remuneration levels. In this regard, it draws the Government’s attention to the importance of conducting an evaluation of the overall gender pay gap in the public sector that may be due to occupational gender segregation of women into lower-paid positions. Recalling the Government’s obligation to ensure the full application of the principle of equal remuneration for men and women for work of equal value to its own employees, the Committee, once again, requests the Government to indicate how it is ensured that the criteria used to determine the classification of jobs and remuneration scales in the public sector are free from gender bias and that positions held predominantly by women are not undervalued in comparison with those undertaken by men. The Committee requests the Government to take the necessary steps to collect and analyse statistical information on the distribution of men and women in the various occupations and positions in the public sector and their corresponding remuneration levels, to determine whether wage gaps exist, and to take the necessary steps to eliminate any wage gaps. It also asks the Government to continue to provide information on the measures taken to improve the access of women to higher ranking and better paid positions in the public sector, and the results achieved.

Article 3. Objective job evaluation. The Committee notes that, according to the Eleventh Malaysia Plan for 2016–20, the Government will establish a National Wage Index (NWI) that will serve as a “benchmark for employers in determining the right wage level for employees, in accordance with their qualifications, skills and productivity”. The Committee draws the Government’s attention to the potential confusion between factors such as productivity, which aims at evaluating the performance of an individual worker in carrying out his or her job, and objective job evaluation, which is to measure the relative value of jobs with varying content on the basis of the work to be performed. Objective job evaluation is concerned with evaluating the job and not the individual worker (see 2012 General Survey, paragraphs 695–696). The Committees hopes that the NWI will be based on entirely objective and non-discriminatory criteria to avoid job evaluation being tainted by gender bias. It requests the Government to provide information, in collaboration with employers’ and workers’ organizations, on the adoption and implementation of the NWI. The Committee also requests the Government to provide a copy of the NWI, once adopted, indicating also whether it would apply to both the public and private sectors.

Article 4. Cooperation with the social partners. In its previous comments, the Committee noted that the National Labour Advisory Council (NLAC) makes decisions regarding issues pertaining to wages and other conditions of work. The Committee notes the absence of information provided by the Government on its cooperation with employers’ and workers’ organizations to promote the principle of the Convention. Recalling the important role of the social partners in implementing the principle of the Convention, the Committee requests the Government to take the necessary measures to effectively cooperate with employers’ and workers’ organizations, within the NLAC or otherwise, with a view to giving effect in practice to the principle of equal remuneration for men and women for work of equal value. It also requests the Government to provide specific information on any measures taken in this respect, as well as on the results achieved by such activities.

Enforcement. The Committee notes that the Government does not provide any information concerning the application of the Convention, in practice. Referring to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee notes that no annual report on the work of the labour inspection services has been received by the Office. It notes the Government’s indication that measures will be taken to increase the ability of public officials for a better understanding of the principle of the Convention and to raise awareness in this respect. The Committee requests the Government to provide information on the activities of the labour inspection services, as well as any other available information on the number, nature and outcome of cases regarding equal remuneration for men and women for work of equal value, in both the private and public sectors, dealt with by any competent authorities. It also requests the Government to provide specific information regarding awareness-raising activities conducted among workers, employers and their organizations, as well as labour inspectors, judges and other officials responsible for ensuring the implementation of the principle of the Convention, in practice.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.

Repetition

Articles 1(a) and (b), and 2 of the Convention. Equal remuneration for work of equal value. Legislation. For a number of years, the Committee has been noting that the national legislation does not reflect fully the principle of equal remuneration for men and women for work of equal value. It also noted that the definition of wages in the Employment Act 1955 and the National Wages Council Act 2011 does not encompass benefits in kind and excludes certain elements of remuneration as defined in the Convention. The Committee notes the Government’s indication that the suitability of incorporating the principle of the Convention into its national legislation will be examined in the framework of the ongoing review of its labour legislation, and more particularly of the Employment Act. Considering that giving full legislative effect to the principle of equal remuneration for men and women for work of equal value is of particular importance to ensure the effective application of the Convention, the Committee trusts that, in the course of the review of its labour legislation, the Government will take specific measures, in consultation with employers’ and workers’ organizations, in order to expressly incorporate the principle of equal remuneration for men and women for work of equal value into its national legislation. In this regard, the Committee requests 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. The Committee requests the Government to provide information regarding the progress made in this regard. The Committee also reminds the Government that ILO technical assistance is available and requests the Government to 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.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Article 2 of the Convention. Gender wage gap. In its previous comments, the Committee noted that the gender wage gap was particularly high in certain industries and occupations and requested the Government to take concrete measures to improve the access of women to a wider range of job opportunities at all levels, including in better paid positions. The Committee notes from the Salaries and Wages Report Survey of 2015 (Department of Statistics) that while the labour force participation rate of women increased (from 49.5 per cent in 2012, to 54.1 per cent in 2015), it remained low compared to that of men (80.4 per cent in 2015). It further notes that while the overall gender wage gap (mean monthly salaries) decreased from 4.5 per cent in 2013, to 3.9 per cent in 2015, the gender wage gap remained significant in certain industries and occupations. When looking at mean monthly salaries and wages, by occupation, the gender wage gap continues to be lowest for technicians and associate professionals (6.7 per cent) and clerical support workers (11.9 per cent) while it is still significant for other occupations such as managers (25.9 per cent), professionals (24.1 per cent), craft and related trade workers (29.5 per cent), services and sales workers (31.8 per cent) and skilled agriculture, forestry and fishery workers, for whom it has increased (34.2 per cent against 26.8 per cent in 2013). The Committee notes that, at the industry level, there is a persistently high gender wage gap in agriculture, forestry and fishing (35.7 per cent), professional, scientific and technical activities (35.3 per cent), finance and insurance (32.3 per cent), accommodation, food and beverage service activities (28.3 per cent) and real estate activities (28.1 per cent). The Committee notes that one of the objectives of the Eleventh Malaysia Plan for 2016–20 is to increase the labour force participation rate of women up to 59 per cent by 2020. To this end the Government is implementing initiatives to promote women entrepreneurs, through access to credits and loans, and to help them better reconcile work and family responsibilities, through financial incentives for companies and promotion of flexible work arrangements. The Committee further notes that, according to the Plan for 2016–20, efforts will be intensified to increase the number of women in decision-making positions. In this connection, it notes the Government’s indication that the number of women in decision-making positions in the private sector remained very low as compared to the target of 30 per cent by 2016 (as only 15.4 per cent of women were holding top management positions in private companies in August 2015), but that the “30 per cent Club” was launched in May 2015, in order to strengthen affirmative action to achieve gender equality. The Committee requests the Government to provide specific information on the impact that the measures taken, in the framework of the Eleventh Malaysia Plan for 2016–20, to increase the labour force participation rate of women and their representation in decision-making positions in terms of reducing the gender wage gap in the various industries and occupations, particularly in those where it is high. It also requests the Government to provide information on any other measures taken or envisaged, in cooperation with workers’ and employers’ organizations, to this end. The Committee asks the Government to provide up-to-date statistical data, disaggregated by sex, on the distribution of workers in the various industries and occupations, specifying their corresponding remuneration levels, as such data constitutes an important tool to assess the progress made in the application of the Convention.

Minimum wages. In its previous comments, the Committee noted that while the Minimum Wages Order 2012, set the monthly minimum wage for all private sector workers, domestic workers were excluded from its scope. The Committee welcomes the increase of the minimum wages from 1 July 2016, as a result of the National Wages Consultative Council’s recommendations, as well as the ratification of the Minimum Wage Fixing Convention, 1970 (No. 131), by Malaysia on 7 June 2016. However, the Committee observes that domestic workers continue to be excluded from the scope of the Minimum Wages Order. Noting that according to the Labour Force Survey Report of 2015 (Department of Statistics) more than 95 per cent of domestic workers are women, the Committee again draws the Government’s attention to the possibility of indirect discrimination where female-dominated groups of workers are excluded from the application of minimum wage legislation, in particular those most vulnerable to wage discrimination such as domestic workers (see 2012 General Survey on the fundamental Conventions, paragraphs 684 and 707). Recalling, once again, that the principle of equal remuneration for work of equal value is to apply to domestic workers, whether nationals or non-nationals, the Committee requests the Government to provide specific information on the manner in which it is ensured that in determining wages, (including minimum wages) for domestic workers who are mostly women, their work is not being undervalued as compared to work done by predominately male groups.

Application of the principle in the public sector. The Committee previously noted the salary structure and job classifications in the public sector and requested the Government to indicate how it was ensured that the job classification system was free from gender bias. It also requested the Government to provide information on the measures taken to improve the access of women to higher ranking and better paid positions in the public sector. The Committee welcomes the increase of the rate of women in top management positions in the public sector from 30.5 per cent in 2010, to 37.1 per cent in 2015. The Committee, however, recalls that the fact that a system of remuneration is based on a classification of jobs that applies to all public sector employees, without distinction on the ground of gender, does not prevent indirect pay discrimination. Discrimination can be due to the manner in which the classification of jobs itself was established, with the tasks performed mainly by women often being undervalued in comparison to the tasks traditionally performed by men, or it can result from inequalities in the payment of certain wage supplements for work of equal value (allowances, benefits, etc.). The Committee notes the absence of information provided by the Government on the distribution of men and women in the different positions of the public sector, and their corresponding remuneration levels. In this regard, it draws the Government’s attention to the importance of conducting an evaluation of the overall gender pay gap in the public sector that may be due to occupational gender segregation of women into lower-paid positions. Recalling the Government’s obligation to ensure the full application of the principle of equal remuneration for men and women for work of equal value to its own employees, the Committee, once again, requests the Government to indicate how it is ensured that the criteria used to determine the classification of jobs and remuneration scales in the public sector are free from gender bias and that positions held predominantly by women are not undervalued in comparison with those undertaken by men. The Committee requests the Government to take the necessary steps to collect and analyse statistical information on the distribution of men and women in the various occupations and positions in the public sector and their corresponding remuneration levels, to determine whether wage gaps exist, and to take the necessary steps to eliminate any wage gaps. It also asks the Government to continue to provide information on the measures taken to improve the access of women to higher ranking and better paid positions in the public sector, and the results achieved.

Article 3. Objective job evaluation. The Committee notes that, according to the Eleventh Malaysia Plan for 2016–20, the Government will establish a National Wage Index (NWI) that will serve as a “benchmark for employers in determining the right wage level for employees, in accordance with their qualifications, skills and productivity”. The Committee draws the Government’s attention to the potential confusion between factors such as productivity, which aims at evaluating the performance of an individual worker in carrying out his or her job, and objective job evaluation, which is to measure the relative value of jobs with varying content on the basis of the work to be performed. Objective job evaluation is concerned with evaluating the job and not the individual worker (see 2012 General Survey, paragraphs 695–696). The Committees hopes that the NWI will be based on entirely objective and non-discriminatory criteria to avoid job evaluation being tainted by gender bias. It requests the Government to provide information, in collaboration with employers’ and workers’ organizations, on the adoption and implementation of the NWI. The Committee also requests the Government to provide a copy of the NWI, once adopted, indicating also whether it would apply to both the public and private sectors.

Article 4. Cooperation with the social partners. In its previous comments, the Committee noted that the National Labour Advisory Council (NLAC) makes decisions regarding issues pertaining to wages and other conditions of work. The Committee notes the absence of information provided by the Government on its cooperation with employers’ and workers’ organizations to promote the principle of the Convention. Recalling the important role of the social partners in implementing the principle of the Convention, the Committee requests the Government to take the necessary measures to effectively cooperate with employers’ and workers’ organizations, within the NLAC or otherwise, with a view to giving effect in practice to the principle of equal remuneration for men and women for work of equal value. It also requests the Government to provide specific information on any measures taken in this respect, as well as on the results achieved by such activities.

Enforcement. The Committee notes that the Government does not provide any information concerning the application of the Convention, in practice. Referring to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee notes that no annual report on the work of the labour inspection services has been received by the Office. It notes the Government’s indication that measures will be taken to increase the ability of public officials for a better understanding of the principle of the Convention and to raise awareness in this respect. The Committee requests the Government to provide information on the activities of the labour inspection services, as well as any other available information on the number, nature and outcome of cases regarding equal remuneration for men and women for work of equal value, in both the private and public sectors, dealt with by any competent authorities. It also requests the Government to provide specific information regarding awareness-raising activities conducted among workers, employers and their organizations, as well as labour inspectors, judges and other officials responsible for ensuring the implementation of the principle of the Convention, in practice.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.

Repetition

Articles 1(a) and (b), and 2 of the Convention. Equal remuneration for work of equal value. Legislation. For a number of years, the Committee has been noting that the national legislation does not reflect fully the principle of equal remuneration for men and women for work of equal value. It also noted that the definition of wages in the Employment Act 1955 and the National Wages Council Act 2011 does not encompass benefits in kind and excludes certain elements of remuneration as defined in the Convention. The Committee notes the Government’s indication that the suitability of incorporating the principle of the Convention into its national legislation will be examined in the framework of the ongoing review of its labour legislation, and more particularly of the Employment Act. Considering that giving full legislative effect to the principle of equal remuneration for men and women for work of equal value is of particular importance to ensure the effective application of the Convention, the Committee trusts that, in the course of the review of its labour legislation, the Government will take specific measures, in consultation with employers’ and workers’ organizations, in order to expressly incorporate the principle of equal remuneration for men and women for work of equal value into its national legislation. In this regard, the Committee requests 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. The Committee requests the Government to provide information regarding the progress made in this regard. The Committee also reminds the Government that ILO technical assistance is available and requests the Government to 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.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 2 of the Convention. Gender wage gap. In its previous comments, the Committee noted that the gender wage gap was particularly high in certain industries and occupations and requested the Government to take concrete measures to improve the access of women to a wider range of job opportunities at all levels, including in better paid positions. The Committee notes from the Salaries and Wages Report Survey of 2015 (Department of Statistics) that while the labour force participation rate of women increased (from 49.5 per cent in 2012, to 54.1 per cent in 2015), it remained low compared to that of men (80.4 per cent in 2015). It further notes that while the overall gender wage gap (mean monthly salaries) decreased from 4.5 per cent in 2013, to 3.9 per cent in 2015, the gender wage gap remained significant in certain industries and occupations. When looking at mean monthly salaries and wages, by occupation, the gender wage gap continues to be lowest for technicians and associate professionals (6.7 per cent) and clerical support workers (11.9 per cent) while it is still significant for other occupations such as managers (25.9 per cent), professionals (24.1 per cent), craft and related trade workers (29.5 per cent), services and sales workers (31.8 per cent) and skilled agriculture, forestry and fishery workers, for whom it has increased (34.2 per cent against 26.8 per cent in 2013). The Committee notes that, at the industry level, there is a persistently high gender wage gap in agriculture, forestry and fishing (35.7 per cent), professional, scientific and technical activities (35.3 per cent), finance and insurance (32.3 per cent), accommodation, food and beverage service activities (28.3 per cent) and real estate activities (28.1 per cent). The Committee notes that one of the objectives of the Eleventh Malaysia Plan for 2016–20 is to increase the labour force participation rate of women up to 59 per cent by 2020. To this end the Government is implementing initiatives to promote women entrepreneurs, through access to credits and loans, and to help them better reconcile work and family responsibilities, through financial incentives for companies and promotion of flexible work arrangements. The Committee further notes that, according to the Plan for 2016–20, efforts will be intensified to increase the number of women in decision-making positions. In this connection, it notes the Government’s indication that the number of women in decision-making positions in the private sector remained very low as compared to the target of 30 per cent by 2016 (as only 15.4 per cent of women were holding top management positions in private companies in August 2015), but that the “30 per cent Club” was launched in May 2015, in order to strengthen affirmative action to achieve gender equality. The Committee requests the Government to provide specific information on the impact that the measures taken, in the framework of the Eleventh Malaysia Plan for 2016–20, to increase the labour force participation rate of women and their representation in decision-making positions in terms of reducing the gender wage gap in the various industries and occupations, particularly in those where it is high. It also requests the Government to provide information on any other measures taken or envisaged, in cooperation with workers’ and employers’ organizations, to this end. The Committee asks the Government to provide up-to-date statistical data, disaggregated by sex, on the distribution of workers in the various industries and occupations, specifying their corresponding remuneration levels, as such data constitutes an important tool to assess the progress made in the application of the Convention.

Minimum wages. In its previous comments, the Committee noted that while the Minimum Wages Order 2012, set the monthly minimum wage for all private sector workers, domestic workers were excluded from its scope. The Committee welcomes the increase of the minimum wages from 1 July 2016, as a result of the National Wages Consultative Council’s recommendations, as well as the ratification of the Minimum Wage Fixing Convention, 1970 (No. 131), by Malaysia on 7 June 2016. However, the Committee observes that domestic workers continue to be excluded from the scope of the Minimum Wages Order. Noting that according to the Labour Force Survey Report of 2015 (Department of Statistics) more than 95 per cent of domestic workers are women, the Committee again draws the Government’s attention to the possibility of indirect discrimination where female-dominated groups of workers are excluded from the application of minimum wage legislation, in particular those most vulnerable to wage discrimination such as domestic workers (see 2012 General Survey on the fundamental Conventions, paragraphs 684 and 707). Recalling, once again, that the principle of equal remuneration for work of equal value is to apply to domestic workers, whether nationals or non-nationals, the Committee requests the Government to provide specific information on the manner in which it is ensured that in determining wages, (including minimum wages) for domestic workers who are mostly women, their work is not being undervalued as compared to work done by predominately male groups.

Application of the principle in the public sector. The Committee previously noted the salary structure and job classifications in the public sector and requested the Government to indicate how it was ensured that the job classification system was free from gender bias. It also requested the Government to provide information on the measures taken to improve the access of women to higher ranking and better paid positions in the public sector. The Committee welcomes the increase of the rate of women in top management positions in the public sector from 30.5 per cent in 2010, to 37.1 per cent in 2015. The Committee, however, recalls that the fact that a system of remuneration is based on a classification of jobs that applies to all public sector employees, without distinction on the ground of gender, does not prevent indirect pay discrimination. Discrimination can be due to the manner in which the classification of jobs itself was established, with the tasks performed mainly by women often being undervalued in comparison to the tasks traditionally performed by men, or it can result from inequalities in the payment of certain wage supplements for work of equal value (allowances, benefits, etc.). The Committee notes the absence of information provided by the Government on the distribution of men and women in the different positions of the public sector, and their corresponding remuneration levels. In this regard, it draws the Government’s attention to the importance of conducting an evaluation of the overall gender pay gap in the public sector that may be due to occupational gender segregation of women into lower-paid positions. Recalling the Government’s obligation to ensure the full application of the principle of equal remuneration for men and women for work of equal value to its own employees, the Committee, once again, requests the Government to indicate how it is ensured that the criteria used to determine the classification of jobs and remuneration scales in the public sector are free from gender bias and that positions held predominantly by women are not undervalued in comparison with those undertaken by men. The Committee requests the Government to take the necessary steps to collect and analyse statistical information on the distribution of men and women in the various occupations and positions in the public sector and their corresponding remuneration levels, to determine whether wage gaps exist, and to take the necessary steps to eliminate any wage gaps. It also asks the Government to continue to provide information on the measures taken to improve the access of women to higher ranking and better paid positions in the public sector, and the results achieved.

Article 3. Objective job evaluation. The Committee notes that, according to the Eleventh Malaysia Plan for 2016–20, the Government will establish a National Wage Index (NWI) that will serve as a “benchmark for employers in determining the right wage level for employees, in accordance with their qualifications, skills and productivity”. The Committee draws the Government’s attention to the potential confusion between factors such as productivity, which aims at evaluating the performance of an individual worker in carrying out his or her job, and objective job evaluation, which is to measure the relative value of jobs with varying content on the basis of the work to be performed. Objective job evaluation is concerned with evaluating the job and not the individual worker (see 2012 General Survey, paragraphs 695–696). The Committees hopes that the NWI will be based on entirely objective and non-discriminatory criteria to avoid job evaluation being tainted by gender bias. It requests the Government to provide information, in collaboration with employers’ and workers’ organizations, on the adoption and implementation of the NWI. The Committee also requests the Government to provide a copy of the NWI, once adopted, indicating also whether it would apply to both the public and private sectors.

Article 4. Cooperation with the social partners. In its previous comments, the Committee noted that the National Labour Advisory Council (NLAC) makes decisions regarding issues pertaining to wages and other conditions of work. The Committee notes the absence of information provided by the Government on its cooperation with employers’ and workers’ organizations to promote the principle of the Convention. Recalling the important role of the social partners in implementing the principle of the Convention, the Committee requests the Government to take the necessary measures to effectively cooperate with employers’ and workers’ organizations, within the NLAC or otherwise, with a view to giving effect in practice to the principle of equal remuneration for men and women for work of equal value. It also requests the Government to provide specific information on any measures taken in this respect, as well as on the results achieved by such activities.

Enforcement. The Committee notes that the Government does not provide any information concerning the application of the Convention, in practice. Referring to its comments under the Labour Inspection Convention, 1947 (No. 81), the Committee notes that no annual report on the work of the labour inspection services has been received by the Office. It notes the Government’s indication that measures will be taken to increase the ability of public officials for a better understanding of the principle of the Convention and to raise awareness in this respect. The Committee requests the Government to provide information on the activities of the labour inspection services, as well as any other available information on the number, nature and outcome of cases regarding equal remuneration for men and women for work of equal value, in both the private and public sectors, dealt with by any competent authorities. It also requests the Government to provide specific information regarding awareness-raising activities conducted among workers, employers and their organizations, as well as labour inspectors, judges and other officials responsible for ensuring the implementation of the principle of the Convention, in practice.

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

Articles 1(a) and (b), and 2 of the Convention. Equal remuneration for work of equal value. Legislation. For a number of years, the Committee has been noting that the national legislation does not reflect fully the principle of equal remuneration for men and women for work of equal value. It also noted that the definition of wages in the Employment Act 1955 and the National Wages Council Act 2011 does not encompass benefits in kind and excludes certain elements of remuneration as defined in the Convention. The Committee notes the Government’s indication that the suitability of incorporating the principle of the Convention into its national legislation will be examined in the framework of the ongoing review of its labour legislation, and more particularly of the Employment Act. Considering that giving full legislative effect to the principle of equal remuneration for men and women for work of equal value is of particular importance to ensure the effective application of the Convention, the Committee trusts that, in the course of the review of its labour legislation, the Government will take specific measures, in consultation with employers’ and workers’ organizations, in order to expressly incorporate the principle of equal remuneration for men and women for work of equal value into its national legislation. In this regard, the Committee requests 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. The Committee requests the Government to provide information regarding the progress made in this regard. The Committee also reminds the Government that ILO technical assistance is available and requests the Government to 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.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 2 of the Convention. Occupational segregation and gender wage gap. The Committee notes that in 2012 the labour force participation rate of women (49.5 per cent) remained low compared to that of men (80.4 per cent) (Statistics Year Book Malaysia 2012). The Committee notes that the Salary and Wages Survey Report 2013 (Department of Statistics, Malaysia, August 2014) indicates an overall gender wage gap (mean monthly salaries) of 4.5 per cent, with a monthly gender wage gap for citizens of 8.4 per cent compared to 22.2 per cent for non citizens. When looking at mean monthly salaries and wages, by occupation, the gender wage gap is lowest for Technicians and associate professionals (7.4 per cent), Clerical support workers (14.2 per cent) but widens to more than 20 per cent for Professionals (23 per cent), Skilled agriculture, forestry and fishery workers (26.8 per cent) and Elementary occupations (28.9 per cent), or even more than 30 per cent for Craft and related trade workers (39.7 per cent) and Services and sales workers (34.9 per cent). At the industry level, a considerable gender wage gap exists in Real estate activities (36.5 per cent), Accommodation and food and beverage service activities (30.1 per cent) followed by Manufacturing (25.3 per cent), Professional, scientific and technical activities (23.2 per cent), Administrative and support services activities (22.5 per cent) and Human health and social work activities (20 per cent). The gender wage gap is the lowest for Information and communication (4.9 per cent) and Arts, entertainment and recreation (5.1 per cent). For the Construction industry, the Survey indicates that women received higher monthly salaries and wages than men (gender wage gap of -13.1 per cent), which is due to the fact that female construction workers are more highly represented among the skilled and semi-skilled workers while male workers tend to be unskilled workers. The Committee asks the Government to provide information on the concrete measures taken or envisaged, in cooperation with workers’ and employers’ organizations, to address the gender wage gap in the various industries and occupations, particularly those with a very high gender wage gap, including through measures addressing occupational gender segregation and prevailing stereotypes regarding the role of women in society and the labour market. The Committee asks the Government to continue to provide up-to-date statistical data, disaggregated by sex, on the distribution of employees in the various industries and occupations in the public and private sectors, and the corresponding remuneration levels, as such data constitutes an important tool to assess the progress made in the application of the Convention.

Minimum wages. The Committee recalls the importance of minimum wage setting as a means to apply the Convention and notes the Minimum Wages Order 2012 setting the monthly minimum wage. The Committee notes, however, that domestic workers are excluded from the scope of the Minimum Wage Order (section 3) and draws the Government’s attention to the possibility of indirect discrimination where female-dominated groups of workers are excluded from the application of minimum wage legislation; particularly those most vulnerable to wage discrimination such as domestic workers (see General Survey on the fundamental Conventions, 2012, paragraphs 684 and 707). Recalling that the principle of equal remuneration for work of equal value is to apply to domestic workers, whether nationals or non-nationals, the Committee asks the Government to provide information on what procedures have been established for ensuring that in determining wages for domestic workers, their work is not being undervalued as compared to work done by predominately male groups.

Article 4. Cooperation with the social partners. The Committee notes the Government’s statement that the National Labour Advisory Council (NLAC) discusses and makes decisions regarding issues pertaining to wages and other conditions of work. The Committee asks the Government to provide information on any specific action taken to cooperate with the employers’ and workers’ organizations to promote the principle of the Convention, including in the context of the NLAC, and the results achieved.

National Policy on Women. In the absence of information on this matter, the Committee once again asks the Government to provide information on the measures taken or envisaged to implement the National Policy on Women and the Plan of Action on the Advancement of Women which are relevant to the application of the principle of equal remuneration for work of equal value.

Public sector. The Committee previously noted the salary structure and job classification in the public sector and the Government’s indication that the same rate is paid to workers “for carrying out the same level of job” regardless of gender. It also noted the statistical information provided by the Government that in 2010 women made up only 28 per cent of the highest ranking positions in the public sector (Top Management Group) while overall more women than men were employed in the public sector. The Committee recalls that the application of the Convention’s principle allows for broad comparisons between jobs performed by men and women, including jobs of an entirely different nature, which are nevertheless of equal value. Work done by a man and by a woman may involve different working conditions or require entirely different skills and yet still be of equal value, and there needs to be an examination of the respective tasks involved undertaken on the basis of entirely objective and non-discriminatory criteria. The Committee refers to its General Survey on the fundamental Conventions, 2012, paragraphs 695–702 and asks the Government to provide information on the following:

• (i) how it is ensured that the job classifications system is free from gender bias, and does not undervalue jobs predominantly undertaken by women in comparison with those undertaken by men;
• (ii) the activities undertaken and policies developed by the task force of the Public Services Department related to the principle of equal remuneration for men and women for work of equal value; and
• (iii) the specific measures taken to improve the access of women to higher ranking and better paid positions in the public sector, and the results achieved.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 2 of the Convention. Application in law and practice. The Committee has been commenting for a number of years on the fact that the Constitution, the Employment Act and the National Wages Consultative Council Act 2011 do not reflect fully the principle of equal remuneration for men and women for work of equal value. The Committee notes that the Government in its report once again reaffirms that the principle of the Convention is enshrined in article 8 of the Constitution, the National Wages Consultative Council Act 2011 and other relevant labour legislation. The Government further reiterates that rates of remuneration are determined through market forces, the minimum wage legislation and collective bargaining, and that workers’ and employers’ organizations are giving effect to the principle of the Convention. Moreover, according to the Government, periodic inspections at workplaces are undertaken to ensure that men and women are paid equally for “the same job”. The Government does not, however, provide information to indicate that the legislation is interpreted to apply the broader concept of work of equal value, or that the principle is applied in the context of collective bargaining. The Committee also notes from the Salary and Wages Survey Report 2013 (Department of Statistics, Malaysia, August 2014) the continuing gender wage gap, which for certain occupations amounts to almost 30 or even 40 per cent. At the industry level, the gender wage gap in real estate activities is 36.5 per cent; it is 30.1 per cent in accommodation and food and beverage service activities; and 25.3 per cent in manufacturing.

The Committee once again recalls that the concept of “work of equal value” set out in the Convention allows for a broad scope of comparison going beyond equal remuneration for “equal”, “the same” or “similar” work, and encompasses work that is of an entirely different nature, but which is nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraph 673). It also recalls that the fact that the wage is mutually agreed upon between the worker and the employer by no means excludes the occurrence of pay discrimination. The Committee further emphasizes that “value” in the context of the Convention also indicates that something other than market forces should be used to ensure the application of the principle, as market forces may be inherently gender-biased (see General Survey, 2012, paragraph 674). In the context of the continuing gender pay gap and the occupational gender segregation previously noted by the Committee, as well as the persistent misunderstanding of the meaning of the provisions of the Convention, their scope and their application in practice, the Committee considers that giving full legislative effect to the principle of equal remuneration for men and women for work of equal value is of particular importance to ensure the effective application of the Convention. The Committee therefore asks the Government to take specific measures, in consultation with employers’ and workers’ organizations, as follows:

• (i) to review the legislation, with a view to incorporating expressly the principle of equal remuneration for men and women for work of equal value, taking into account that equality must extend to all elements of remuneration as defined in Article 1(a) of the Convention;
• (ii) to take steps to increase the ability of judges, labour inspectors and other relevant public officials to better identify and address issues related to equal remuneration for men and women for work of equal value;
• (iii) to take appropriate measures to raise awareness among workers, employers and their organizations, as well as public understanding of the concept of “work of equal value” and the principle of the Convention; and
• (iv) to provide information on any steps taken and results achieved regarding these points, including collective bargaining agreements which give effect to the principle of equal remuneration for work of equal value.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Occupational segregation and gender wage gap. The Committee notes from the statistical information contained in LABORSTA (2008) that women’s participation in the labour market is very low (35.7 per cent); and that women continue to be concentrated in particular fields, such as clerks, services and manufacturing while their number in higher paying occupations, such as “legislators, senior officials and managers” is relatively low. The Committee notes that, in the context of the Ninth Malaysia Plan (2006–10), the Government will continue to facilitate the higher participation of women in the labour market by providing, in particular, training opportunities (speech by the Prime Minister in the Dewan Rakyat, 31 March 2006, paragraph 57). The Committee further notes the Government’s indication that men and women are paid differently as a result of their seniority and because of the fact that men as “breadwinner in the family” work extra hours compared to women. In this connection, the Committee recalls the importance of the concept of work of equal value in eradicating gender-based pay discrimination and addressing occupational segregation, in particular when they are based on patriarchal attitudes and stereotypes regarding the roles and responsibilities of women and men in the labour market and in society. In light of the above, the Committee asks the Government to provide information on the following:

• (i) the concrete measures taken or envisaged, including through the Ninth Malaysia Plan (2006–10), to improve the access of women to a wider range of job opportunities at all levels, including in higher paid sectors and at managerial and decision-making levels;
• (ii) the steps taken to address patriarchal attitudes and stereotypes with a view to reducing inequalities in remuneration that exist between men and women; and
• (iii) updated statistical data, disaggregated by sex on the distribution of employees in the various industries and occupations in the public and private sectors, and the corresponding remuneration levels as such data constitute an important tool to assess the progress made in the application of the Convention.

National Policy on Women. In the absence of information on this matter, the Committee again asks the Government to provide information on the measures taken or envisaged to implement the National Policy on Women and the Plan of Action on the Advancement of Women which are relevant to the application of the principle of equal remuneration for work of equal value. The Committee also asks the Government to indicate whether the training provided to the Gender Focal Points encompasses equal remuneration issues.

Public sector. The Committee notes that the Public Services Department has established a task force for the formulation of fair and equitable policies in the public service, taking into account a gender perspective. The Committee further notes the Government’s indication that the criteria determining the salary structure through the various job classifications in the public sector is the nature of the job performed, and that the salary is also determined by taking into consideration factors such as entry qualifications, additional skills and expertise required for the job. The Government also indicates that the same rate is paid to workers “for carrying out the same level of job” regardless of gender. The Committee recalls that the application of the Convention’s principle allows for broad comparisons between jobs performed by men and women, including jobs of an entirely different nature, which are nevertheless of equal value. Work done by a man and by a woman may involve different working conditions or require entirely different skills and yet still be of equal value, and there must be a means of examining and comparing the respective tasks involved. The Committee also notes from the statistical information provided by the Government in its report that women made up 28 per cent of the highest ranking positions in the public sector, namely “Top Management Group”, with men occupying 72 per cent of those posts, though the same statistics indicate that there are more women than men overall in the public sector. The Committee asks the Government to provide information on the following:

• (i) how it is ensured that the job classifications system is free from gender bias, and does not undervalue jobs predominantly undertaken by women in comparison with those undertaken by men;
• (ii) the activities undertaken and policies developed by the task force of the Public Services Department related to the principle of equal remuneration for men and women for work of equal value; and
• (iii) the specific measures taken to improve the access of women to higher ranking and better paid positions in the public sector.

Article 4 of the Convention. Cooperation with the social partners. The Committee notes that the Ministry of Human Resources conducts regular tripartite dialogues with the social partners to address labour and industrial relations issues. The Committee asks the Government to provide further information on the different issues addressed in the context of the tripartite dialogues, particularly those related to the principle of equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Articles 1 and 2 of the Convention. Application in law and practice. The Committee notes the Government’s indication that the review of the country’s labour law and policies is regularly considered by the Ministry of Human Resources in particular in order to provide “equitable protection for workers regardless of gender”. The Committee also recalls its previous comments noting that in 2006 the Cabinet Committee established three inter-agency committees to review, among other things, the Federal Constitution and the rules and regulations related to employment with the objective of ensuring that they do not contain gender discriminatory provisions. In this regard, the Committee once again notes that the Constitution, the Employment Act and the Wages Council Act do not reflect fully the principle of equal remuneration for men and women for work of equal value; and emphasizes that provisions that are narrower than the principle as laid down in the Convention hinder progress in eradicating gender-based pay discrimination against women at work.

The Committee also notes the Government’s indication that section 18 of the Industrial Relations Act, 1967 (Act 177), which provides for conciliation in cases of trade disputes would allow a trade union to lodge a complaint relating to the principle of equal remuneration for men and women for work of equal value. However, the Government indicates that no complaints have been reported to the Director General for Industrial Relations. The Committee considers that it is unclear how this provision could provide for a right to equal remuneration for men and women for work of equal value.

The Committee notes once again the Government’s indication that in practice there is no discrimination in remuneration between men and women performing jobs of the “same nature and category”. The Government also indicates that no complaints related to equal remuneration have been dealt with by the Department of Labour of the Ministry of Human Resources for a total of 11,044 cases; but that the principle of equal remuneration is promoted through statutory inspections by the Department of Labour and the Department of Industrial Relations. The Committee considers from the indication given in the Government’s report that there may still be some misunderstanding regarding the meaning of the provisions of the Convention, their scope and application in practice. In this regard, the Committee again refers the Government to its 2006 general observation and recalls that the protection under the Convention goes beyond equal remuneration for equal, the same or similar work and includes the comparison of remuneration received by men and women in jobs that are of an entirely different nature, but are nevertheless of equal value.

Finally, the Committee notes from the Government’s report that the Department of Labour of the Ministry of Human Resources initiates knowledge enrichment programmes, seminars, workshops on labour and industrial laws and practices at both regional and district levels. Gender sensitization and equal remuneration regardless of gender are among the issues addressed through these initiatives. The Committee asks the Government as follows:

• (i) to review the legislation, in consultation with the social partners, with a view to incorporating expressly the principle of equal remuneration for men and women for work of equal value, and to indicate whether any steps have been taken or envisaged by the inter-agency committees with a view to giving legislative expression to the principle of the Convention;
• (ii) to take steps to increase the ability of judges, labour inspectors and other relevant public officials, such as members of the inter-agency committees established by the Cabinet Committee on Gender Equality, to better identify and address issues related to equal remuneration for men and women for work of equal value;
• (iii) to take appropriate measures to raise awareness among workers, employers and their organizations, as well as public understanding of the principle of the Convention, and to provide specific information as to how the principle of equal remuneration for men and women for work of equal value is promoted through the initiatives undertaken by the Department of Labour of the Ministry of Human Resources; and
• (iv) to provide information on any steps taken and results achieved regarding these points.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Occupational segregation and gender wage gap. The Committee notes from the statistical information contained in LABORSTA (2008) that women’s participation in the labour market is very low (35.7 per cent); and that women continue to be concentrated in particular fields, such as clerks, services and manufacturing while their number in higher paying occupations, such as “legislators, senior officials and managers” is relatively low. The Committee notes that, in the context of the Ninth Malaysia Plan (2006–10), the Government will continue to facilitate the higher participation of women in the labour market by providing, in particular, training opportunities (speech by the Prime Minister in the Dewan Rakyat, 31 March 2006, paragraph 57). The Committee further notes the Government’s indication that men and women are paid differently as a result of their seniority and because of the fact that men as “breadwinner in the family” work extra hours compared to women. In this connection, the Committee recalls the importance of the concept of work of equal value in eradicating gender-based pay discrimination and addressing occupational segregation, in particular when they are based on patriarchal attitudes and stereotypes regarding the roles and responsibilities of women and men in the labour market and in society. In light of the above, the Committee asks the Government to provide information on the following:

• (i) the concrete measures taken or envisaged, including through the Ninth Malaysia Plan (2006–10), to improve the access of women to a wider range of job opportunities at all levels, including in higher paid sectors and at managerial and decision-making levels;
• (ii) the steps taken to address patriarchal attitudes and stereotypes with a view to reducing inequalities in remuneration that exist between men and women; and
• (iii) updated statistical data, disaggregated by sex on the distribution of employees in the various industries and occupations in the public and private sectors, and the corresponding remuneration levels as such data constitute an important tool to assess the progress made in the application of the Convention.

National Policy for Women. In the absence of information on this matter, the Committee again asks the Government to provide information on the measures taken or envisaged to implement the National Policy on Women and the Plan of Action on the Advancement of Women which are relevant to the application of the principle of equal remuneration for work of equal value. The Committee also asks the Government to indicate whether the training provided to the Gender Focal Points encompasses equal remuneration issues.

Public sector. The Committee notes that the Public Services Department has established a task force for the formulation of fair and equitable policies in the public service, taking into account a gender perspective. The Committee further notes the Government’s indication that the criteria determining the salary structure through the various job classifications in the public sector is the nature of the job performed, and that the salary is also determined by taking into consideration factors such as entry qualifications, additional skills and expertise required for the job. The Government also indicates that the same rate is paid to workers “for carrying out the same level of job” regardless of gender. The Committee recalls that the application of the Convention’s principle allows for broad comparisons between jobs performed by men and women, including jobs of an entirely different nature, which are nevertheless of equal value. Work done by a man and by a woman may involve different working conditions or require entirely different skills and yet still be of equal value, and there must be a means of examining and comparing the respective tasks involved. The Committee also notes from the statistical information provided by the Government in its report that women made up 28 per cent of the highest ranking positions in the public sector, namely “Top Management Group”, with men occupying 72 per cent of those posts, though the same statistics indicate that there are more women than men overall in the public sector. The Committee asks the Government to provide information on the following:

• (i) how it is ensured that the job classifications system is free from gender bias, and does not undervalue jobs predominantly undertaken by women in comparison with those undertaken by men;
• (ii) the activities undertaken and policies developed by the task force of the Public Services Department related to the principle of equal remuneration for men and women for work of equal value; and
• (iii) the specific measures taken to improve the access of women to higher ranking and better paid positions in the public sector.

Article 4 of the Convention. Cooperation with the social partners. The Committee notes that the Ministry of Human Resources conducts regular tripartite dialogues with the social partners to address labour and industrial relations issues. The Committee asks the Government to provide further information on the different issues addressed in the context of the tripartite dialogues, particularly those related to the principle of equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1 and 2 of the Convention. Application in law and practice. The Committee notes the Government’s indication that the review of the country’s labour law and policies is regularly considered by the Ministry of Human Resources in particular in order to provide “equitable protection for workers regardless of gender”. The Committee also recalls its previous comments noting that in 2006 the Cabinet Committee established three inter-agency committees to review, among other things, the Federal Constitution and the rules and regulations related to employment with the objective of ensuring that they do not contain gender discriminatory provisions. In this regard, the Committee once again notes that the Constitution, the Employment Act and the Wages Council Act do not reflect fully the principle of equal remuneration for men and women for work of equal value; and emphasizes that provisions that are narrower than the principle as laid down in the Convention hinder progress in eradicating gender-based pay discrimination against women at work.

The Committee also notes the Government’s indication that section 18 of the Industrial Relations Act, 1967 (Act 177), which provides for conciliation in cases of trade disputes would allow a trade union to lodge a complaint relating to the principle of equal remuneration for men and women for work of equal value. However, the Government indicates that no complaints have been reported to the Director General for Industrial Relations. The Committee considers that it is unclear how this provision could provide for a right to equal remuneration for men and women for work of equal value.

The Committee notes once again the Government’s indication that in practice there is no discrimination in remuneration between men and women performing jobs of the “same nature and category”. The Government also indicates that no complaints related to equal remuneration have been dealt with by the Department of Labour of the Ministry of Human Resources for a total of 11,044 cases; but that the principle of equal remuneration is promoted through statutory inspections by the Department of Labour and the Department of Industrial Relations. The Committee considers from the indication given in the Government’s report that there may still be some misunderstanding regarding the meaning of the provisions of the Convention, their scope and application in practice. In this regard, the Committee again refers the Government to its 2006 general observation and recalls that the protection under the Convention goes beyond equal remuneration for equal, the same or similar work and includes the comparison of remuneration received by men and women in jobs that are of an entirely different nature, but are nevertheless of equal value.

Finally, the Committee notes from the Government’s report that the Department of Labour of the Ministry of Human Resources initiates knowledge enrichment programmes, seminars, workshops on labour and industrial laws and practices at both regional and district levels. Gender sensitization and equal remuneration regardless of gender are among the issues addressed through these initiatives. The Committee asks the Government as follows:

• (i) to review the legislation, in consultation with the social partners, with a view to incorporating expressly the principle of equal remuneration for men and women for work of equal value, and to indicate whether any steps have been taken or envisaged by the inter-agency committees with a view to giving legislative expression to the principle of the Convention;
• (ii) to take steps to increase the ability of judges, labour inspectors and other relevant public officials, such as members of the inter-agency committees established by the Cabinet Committee on Gender Equality, to better identify and address issues related to equal remuneration for men and women for work of equal value;
• (iii) to take appropriate measures to raise awareness among workers, employers and their organizations, as well as public understanding of the principle of the Convention, and to provide specific information as to how the principle of equal remuneration for men and women for work of equal value is promoted through the initiatives undertaken by the Department of Labour of the Ministry of Human Resources; and
• (iv) to provide information on any steps taken and results achieved regarding these points.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Gender wage gap. The Committee notes from the findings of the 2007 National Employment Return Survey referred to by the Government in its report that the average gap between men’s and women’s basic monthly earnings amounts to 15.9 per cent. The Committee also notes that the widest wage gap is found among senior officers and managers (41.3 per cent) followed by craft and related trades workers (32.8 per cent) and skilled agricultural and fishery workers (29.7 per cent), while the lowest wage differentials concern technicians (2.5 per cent), clerical workers (5.8 per cent) and service, shop and market sales workers (13.2 per cent). The Committee asks the Government to provide information on the measures taken or envisaged to reduce the gender wage gap and address its underlying causes, including horizontal and vertical occupational segregation based on sex, as well as on the progress made in this regard. Please also continue to supply statistical information on the levels of men’s and women’s earnings in the various industries and occupations, and provide statistical data on the distribution of men and women in the different sectors of economic activity, occupations and positions.

National Policy for Women. Further to its previous comments, the Committee notes that the Cabinet Committee on Gender Equality agreed to appoint Gender Focal Points (GFPs) in all ministries and agencies with a view to providing assistance to the Government in the implementation of the National Policy on Women, the Plan of Action on the Advancement of Women and other governmental policies. In order to enable the GFPs to discharge their functions, they have been provided with training on gender issues. The Committee also notes that in 2006 the Cabinet Committee established three inter-agency committees to review, among other things, the Federal Constitution and the rules and regulations related to employment with the objective of ensuring that they do not contain gender discriminatory provisions. The Committee asks the Government to provide information on the measures taken or envisaged to implement the National Policy on Women and the Plan of Action on the Advancement of Women which are relevant to the application of the principle of equal remuneration for work of equal value. The Committee also asks the Government to indicate whether the training provided to the GFPs encompasses equal remuneration issues. Please also indicate whether any steps been taken or envisaged by the inter-agency committees with a view to giving legislative expression to the principle of the Convention.

Public sector wages. The Committee notes the Government’s statement that, since the establishment of the First Royal Commission in 1964, the reviews of public sector wages have been underpinned by the principle of equal pay for men and women for “the same work” and that this principle also informed the Malaysian Remuneration System of 2002. The Committee reiterates that the principle of the Convention goes beyond equal pay for the same work, as elaborated in its observation. Recalling the Government’s obligation to ensure the full application of the principle of equal remuneration for men and women for work of equal value to its own employees, the Committee again asks that the principle of the Convention be applied when rating jobs according to responsibilities and duties in order to prevent gender bias in the determination of wages, and asks the Government to provide information on the measures taken to ensure that this principle is reflected in job evaluations for the public sector. Please also provide statistical information on the distribution of men and women in the different occupations and positions in the public sector and on their remuneration levels.

Collective agreements. Recalling its previous request for information on the manner in which the principle of the Convention is taken into account when fixing wages in the context of the collective bargaining process, the Committee notes the Government’s reference to section 8 of the Industrial Relations Act 1967 (Act 177) providing that a complaint may be lodged with the Industrial Court for a breach of section 5 of the Act which prohibits discrimination in respect of employment, promotion and conditions of employment at the hands of employers or employers’ trade unions. However, the Committee notes that section 5(1)(c) only prohibits discrimination against workers on the ground of their membership of a trade union and it is thus unclear how this provision could be relevant to the application of the principle of equal remuneration for men and women for work of equal value. The Committee also notes the Government’s indication that section 18 of the Act providing for conciliation in cases of dispute would provide an avenue to raise complaints concerning discrimination. The Committee asks the Government to provide information on the application of section 18 of the Industrial Relations Act to cases of violation of the principle of equal remuneration for men and women for work of equal value. The Committee also asks the Government to provide information on any measures taken or envisaged to promote the application of the principle of the Convention in the context of collective bargaining and to supply copies of collective agreements applying this principle.

Enforcement. Please continue to provide information on any judicial or administrative decisions relating to the application of the Convention and on any relevant violations detected by the labour inspectorate services, the sanctions imposed and the remedies provided.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 and 2 of the Convention. Application in law and practice. In its previous comments, the Committee welcomed the addition of gender to the prohibited grounds of discrimination contained in article 8 of the Constitution. Noting, however, that this provision only protects individuals from discrimination by the State or its agencies and does not reflect fully the principle of equal remuneration for work of equal value, the Committee remained concerned about the lack of a provision reflecting the principle of the Convention in the Employment Act or in the Wages Council Act. The Committee also stressed that the lack of court cases concerning discrimination in remuneration based on sex, rather than indicating an absence of discrimination, could in fact indicate the lack of an appropriate legal basis or procedures for bringing these claims to the attention of competent bodies, and a lack of public awareness of the principle of the Convention and of the existing remedies under the law. The Committee further emphasized that patriarchal attitudes and stereotypes regarding the roles and responsibilities of women and men in society regularly result in gender-biased undervaluation of the work performed by women and discriminatory determination of wages, benefits and other forms of remuneration received by them. The Committee therefore considered that specific measures should be taken, in consultation with the social partners, to ensure the full application of the Convention in law and practice, including a review of the current legislation with a view to giving legislative expression to the principle of equal remuneration for men and women for work of equal value, and ensuring that it covers all the elements of remuneration indicated in Article 1(a) of the Convention.

The Committee notes that the Government expresses the view that the purpose of the Convention is that no employer is allowed to discriminate against workers on the basis of gender and that it provides for equal remuneration for the same work or work of a similar nature. The Government also states that the concept of equal remuneration, if based only on job evaluation and analysis, could be considered to be in conflict with the practice of determining remuneration on the basis of other factors such as academic qualifications or length of service. The Committee notes that, according to the Government, equal pay legislation would be incompatible with the practices of Malaysian industries, as under such legislation wage rates would be determined on the basis of a “politically motivating or social justice related factor”, rather than on the basis of productivity. In this regard, the Committee notes that promotional activities on the implementation of the “productivity linked wage system” (PLWG) are being carried out by the Industrial Relations Department. The Committee further notes the Government’s indication that in practice there is no discrimination in remuneration between men and women performing jobs of “the same nature and category” and that no cases of gender discrimination in respect of remuneration have been dealt with by the labour inspectors and the competent courts of law. The Government also states that in the unionized sectors remuneration is fixed by collective agreements, and, the question of discrimination would not arise.

The Committee concludes from the views expressed by the Government that there is a serious misunderstanding as to the meaning of the provisions of the Convention, their scope, and application in practice. At the outset, the Committee points out that the Convention places upon ratifying Members of the ILO the obligation to ensure respect for the principle of the Convention, wherever the State is the employer or is in a position to intervene in the wage-fixing process, and to promote its application in other cases, through all appropriate means. In this connection, the Committee considers that the adoption of legislation which gives effect expressly to the principle of equal remuneration for men and women for work of equal value is essential in order to promote and ensure its application, as required by the Convention. The Committee emphasizes that governments must act in good faith and cannot evade their obligations on the pretext that they are prevented from interfering in the wage-fixing process (see the General Survey of 1986 on equal remuneration, paragraph 29). Recalling its 2006 general observation, the Committee also wishes to stress that the principle of equal remuneration for work of equal value includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and that it also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The application of the principle presupposes that work performed by women and men is compared and evaluated on the basis of objective factors, such as skill, effort, responsibilities or working conditions. In this regard, Article 3 of the Convention envisages the promotion of objective job evaluation methods. Such methods are particularly important in order to avoid the discriminatory undervaluation of jobs in which women are concentrated. The Committee emphasizes that the application of the principle of equal remuneration for women and men for work of equal value by no means excludes consideration of productivity-related criteria, length of service or relevant academic requirements, in the setting of remuneration, as long as these criteria are used in an objective and non-discriminatory manner. In light of the above, the Committee asks the Government:

(i)    to take the necessary steps, in consultation with the social partners, to review the legislation so as to incorporate expressly the principle of equal remuneration for women and men for work of equal value, taking into account that it has to be applied to all the elements of remuneration as defined in Article 1(a) of the Convention;

(ii)   to take measures to promote the development and use of objective job evaluation on the basis of the work to be performed in line with the indications provided in the general observation of 2006 on this issue;

(iii) to take appropriate measures to raise awareness and promote public understanding of the principle of the Convention;

(iv)  to consider providing specific training on the concept of “work of equal value” and the issues relating to the application of the Convention to judges, labour inspectors and other relevant public officials, such as members of the inter-agency committees established by the Cabinet Committee on Gender Equality to review the national legislation ; and

(v)   to provide information on any steps taken and results achieved regarding the above.

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

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

1. National Policy for Women. The Committee notes the general information provided by the Government regarding the objectives of the 1989 National Policy for Women and the recent establishment by the Government of a Cabinet Committee on Gender Equality. The Government previously stated that the formulation of job descriptions and an appropriate salary determination policy was one of the strategies identified by the National Policy for Women with a view to fully integrating women into the process of development. The Committee asks the Government to provide in its next report information on the measures taken to implement the National Policy for Women relating to the position of women in the labour market and the principle of equal remuneration for men and women, including any steps taken in this regard by the Cabinet Committee on Gender Equality. Please also indicate any measures taken to promote the objective evaluation of jobs, including through the formulation of job descriptions.

2. Public sector wages. Recalling that the 1991 report of the Special Committee of the Cabinet on Salaries for the Public Sector made no specific reference to the principle of equal remuneration for men and women for work of equal value, the Committee notes the Government’s indication that, in accordance with this report, salaries are determined according to the type of job, and the duties and responsibilities involved. The Committee further notes the introduction of the Malaysian Remuneration System in 2002 through which the salary progression and promotions of public sector employees are determined. The new system uses competency assessment to determine whether employees are subject to “normal salary progression” or “merit salary progression”. The Committee recommends that the principle of equal remuneration for men and women for work of equal value be taken into consideration when rating jobs according to responsibilities and duties in order to prevent gender bias in the determination of remuneration. In this regard, please indicate any measures taken or envisaged to ensure that the Convention’s principle is taken into account in the context of public sector job evaluation. The Committee also asks the Government to provide information on the effect of the new remuneration system on the remuneration levels of men and women in the public sector.

3. Statistical information. The Committee thanks the Government for providing statistical information concerning the number of employees in the public sector according to salary range, disaggregated by sex. It asks the Government to continue to provide such information, as well as statistical data concerning the remuneration received by men and women in the different industries and occupations in the private sector, including hourly rates.

4. Collective agreements. The Committee previously noted the examples of collective agreements which set the minimum and maximum wage without distinction as to sex. In the absence of any new information on this issue in the Government’s report, the Committee reiterates its previous request to the Government to indicate how the principle of equal remuneration for men and women for work of equal value is taken into account in fixing wages in the collective bargaining process.

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

1. Articles 1 and 2 of the Convention. Application in law and practice. In its previous comments, the Committee expressed concerns over the fact that neither the Constitution, the Employment Act nor the Wages Council Act prohibit discrimination in remuneration based on sex, and that the definition of wages in the Employment Act and Wages Council Act does not encompass benefits in kind and excludes certain elements of remuneration as defined in the Convention. Noting indications by the Government that the principle of equal remuneration for work of equal value was nevertheless ensured through labour inspections, the Committee asked it to provide information on the action taken by labour inspectors to identify and address violations of the Convention’s principle. The Committee also noted that so far the Industrial Court had examined no cases concerning equal remuneration.

2. The Committee notes the Government’s statement that the prohibition of gender discrimination introduced in article 8 of the Constitution in 2001 includes employment and payment of wages. The Government also states that, while the legislation does not specifically require equal remuneration for men and women, it is the practice to provide equal pay for work of equal value. Concerning the definition of wages in the legislation, the Government states that there are no plans to include benefits in kind in the definition of wages in the Employment Act. Further, the tripartite committee set up by the Ministry of Human Resources in 2001 to review labour legislation did not address the issues of discrimination in remuneration based on sex. According to the Government, the absence of court cases concerning equal remuneration is due to the fact that wages were mutually agreed between employers and workers. Finally, the Committee notes that the information provided by the Government on labour inspection relates to cases of non-payment of wages rather than discrimination in remuneration based on sex.

3. The Committee notes that article 8(2) of the Constitution, as amended in 2001, provides that, except as expressly authorized by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, gender or place of birth, in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment. While the Committee welcomes that the ground of gender has been added to the non-discrimination provision of the Constitution, it also notes that, as indicated by the Government to the Committee on the Elimination of Discrimination against Women in 2005 (CEDAW/C/MYS/Q/2/Add.1, pages 10-11), article 8 of the Constitution protects individuals only from discrimination by the State or its agencies and provides no protection from discrimination in private employment or collective agreements. Further, the Committee notes that article 8 does not fully set out the principle of equal remuneration for work of equal value. It therefore remains concerned about the lack of a provision for equal remuneration reflecting the Convention’s principle in the employment and minimum wage legislation.

4. In the Committee’s view, rather than indicating an absence of discrimination, the lack of any cases being brought concerning discrimination in remuneration based on sex or gender may in fact indicate a lack of appropriate legal basis or procedures for bringing such claims, or a lack of awareness of the principle of the Convention and the existing remedies available under the law. The fact that the wage is mutually agreed between the worker and the employer by no means excludes the occurrence of pay discrimination. Further, in the light of the information provided by the Government concerning labour inspection, it remains unclear how the Department of Labour ensures the application of the principle of equal remuneration in practice, particularly in the absence of any explicit legal provision.

5. Noting the concerns expressed by the Committee on the Elimination of Discrimination against Women about the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in society which it considered as root causes of the disadvantaged position of women in the labour market (CEDAW/C/MYS/CO/2, 31 May 2006, paragraph 15), the Committee emphasizes that such stereotypes and attitudes regularly result in gender-biased undervaluation of work performed by women and discrimination in the determination of wages, benefits and other forms of remuneration received by them.

6. On the basis of the above, the Committee considers that specific measures should be taken, in consultation with employers’ and workers’ organizations, to ensure the full application of the Convention in law and in practice. The Committee asks the Government to provide information on the following:

(a)   the specific measures taken or envisaged to review the legislation, with a view to giving legislative expression to the principle of equal remuneration for men and women for work of equal value, taking into account that equality must extend to all elements of remuneration as defined in Article 1(a) of the Convention;

(b)   any measures taken to promote awareness and understanding of the Convention’s principle among workers and employers (as well as judges and other competent public officials);

(c)   the action taken and the methods used by labour inspectors to identify and remedy violations of the principle of equal remuneration; and

(d)   cases concerning discrimination based on sex in respect of remuneration examined by the courts, including relevant jurisprudence concerning article 8 of the Constitution.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Articles 1 and 2 of the Convention. Lack of provision for equal remuneration for work of equal value. The Committee notes the Government’s statement that there is no legislative reference to equal remuneration for work of equal value. It therefore reiterates its expressed concern in previous comments that neither the Constitution, the Employment Act nor the Wages Council Act prohibit discrimination in remuneration based on sex. However, the Committee notes the Government’s statement that the Ministry of Human Resources set up a tripartite committee in 2001 to review all labour legislation. It hopes that this committee will propose measures to prohibit discrimination on the basis of sex, and particularly to set forth in law the principle of equal remuneration for men and women workers for work of equal value, in accordance with the Convention.

2. The Committee notes the Government’s statement that the National Policy on Women adopted in 1986 aims to integrate women into the development process by establishing laws to protect female workers, including the prevention of sexual harassment, and by formulating job descriptions and determining wages regardless of sex. The Committee asks the Government to provide detailed information with its next report on the measures taken or envisaged under the National Policy on Women to promote the principle of equal remuneration for men and women workers for work of equal value.

3. Definition of remuneration. Having previously expressed its concern that the definition of wages in the Employment Act and the Wages Council Act does not encompass benefits in kind and excludes certain elements of remuneration which are covered by the definition contained in the Convention, the Committee hopes that the work of the tripartite committee will lead to the adoption of a broad definition in law of remuneration in accordance with the concept of remuneration set out in the Convention. It asks the Government to provide detailed information with its next report on the work of the tripartite committee in reviewing the labour legislation and to provide copies of any legislation that is proposed and/or adopted relating to the application of the principle of the Convention.

4. Article 2. Collective agreements. The Committee notes the texts of the numerous collective agreements provided by the Government. It notes that they set a minimum and maximum wage without any distinction relating to sex. However, as the Government’s report does not contain any information on this subject, the Committee is bound to reiterate its previous request to the Government to provide information with its next report on the manner in which the principle of equal remuneration for work of equal value is ensured in practice. Please also provide information on the methodology applied when setting the rates of remuneration in order to ensure that the same wage is applied for work of equal value.

5. Minimum wages. The Committee notes the Wages Regulations Orders issued under the Wages Councils Act, copies of which were provided by the Government, which regulate employment conditions for shop assistants, cinema workers, cargo handlers and in catering and hotels. It recalls in this respect that minimum wages are a significant means of ensuring the application of the Convention. The Committee asks the Government to continue to provide in future reports copies of wage regulations orders.

6. Public sector wages. The Committee notes the Report of the Special Committee of the Cabinet on Salaries for the Public Sector, provided by the Government, enumerating the principles for the determination of wages in the public sector. However, the Committee notes that there is no reference to the notion "work of equal value" or to an objective appraisal of jobs to be carried out to verify whether workers who are performing work of equal value receive equal remuneration. The Committee reiterates its request to the Government to provide detailed information with its next report on the methodology used for the determination of wages in the public sector, and particularly to ensure that workers performing work of equal value receive equal remuneration.

7. Statistical information. The Committee notes the statistical information provided by the Government with respect to the distribution of women and men in the various parts of the public sector by earnings level. It notes from the statistical information provided that only six women, in comparison with 297 men, receive the earnings above 5001 RM in the State Administrative Service. The Committee asks the Government to provide information with its next report on the measures taken or envisaged to promote the access of women workers to higher level and higher paying positions in the public sector and to continue providing statistical information, disaggregated by sex.

8. Labour inspection. The Committee notes the Government’s statement that the principle of equal remuneration for work of equal value is ensured through labour inspections carried out by the Labour Department. With reference to its comments under Convention No. 81 (2003/74th Session), it notes that the Office has not received a copy of an annual inspection report for many years. The Committees asks the Government to provide detailed information with its next report on the action taken by the labour inspectorate to identify any violations of the principle of the Convention and the action taken to remedy the situation.

9. Industrial court. The Committee notes the Government’s statement that there have been no complaints of violation of the principle of equal remuneration for work of equal value and that no cases relating to the principle have been examined by the Industrial Court. It notes that this is also the competent court for parties to collective agreements. In this respect, the Committee is bound to point out that the reporting of no violations often signals a lack of knowledge of the law or inadequate procedures. It therefore asks the Government to provide information on the measures taken or envisaged to disseminate information to the public regarding their right to bring complaints in cases of pay discrimination under the existing legislation, as well as the protection available against victimization.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. Articles 1 and 2 of the Convention. The Committee notes that the legislation does not make any specific reference to the principle of equal remuneration between men and women for work of equal value. It notes with some concern that the Constitution, the Employment Act and the Wages Council Act do not prohibit sex discrimination. Considering that the lack of legal protection against sex discrimination impairs the application of the Convention, the Committee would be grateful if the Government would indicate whether it has given any consideration to introducing amendments to prohibit sex discrimination in employment, including in remuneration, and to require equal remuneration between men and women for work of equal value.

2. The Committee draws the attention of the Government to the very broad definition of remuneration contained in Article 1 of the Convention. Noting that the definitions of wages established by the Employment Act and that of remuneration contained in the Wages Council Act do not encompass emoluments in kind and also provide for exclusion of elements of remuneration which are covered by the Convention, the Committee asks the Government to indicate how the principle of equality between men and women will be guaranteed in respect of emoluments excluded from these definitions.

3. The Committee notes that the Government has implemented since 1969 an "equal pay for equal work policy". It asks the Government to supply information on this policy and on the progress achieved through its implementation in relation to the application of equal remuneration between men and women for work of equal value. The Committee also notes the National Policy on Women and the Action Plan for Women’s Development as well as the existence of various ministerial departments and institutions dealing with women’s issues. It asks the Government to provide information on the measures taken for equal remuneration under the abovementioned policies and bodies. It also requests information on the results obtained in respect to enhancing women’s position in the labour market and promoting equal pay between men and women for work of equal value.

4. The Committee notes the Government’s statement that in the private sector collective bargaining may be used to determine remuneration and it requests copies of any relevant agreements. Furthermore, it invites the Government to provide information on the methods used in non-unionized workplaces to determine remuneration. The Government is also asked to supply the wage regulations adopted under the Wages Council Act. In addition, the Committee would be grateful for information on the manner in which the Government is promoting the inclusion of equal pay provisions in collective agreements and on the manner in which the Wages Council uses its competence to guarantee that equal remuneration between men and women for work of equal value is applied in the wage regulations.

5. Article 3. The Committee requests the Government to provide information on the methodology used for fixing wages in the public sector and on how equal pay for work of equal value is ensured, such as through the application of objective job evaluation systems.

6. Noting the Government’s statement that in the public service there is no longer any difference in fact or in law, between the remuneration of men and women civil servants, the Committee asks the Government to supply data on the distribution of women and men in the federal and state civil service by earnings level. Moreover, it invites the Government to supply statistical information, disaggregated by sex, in accordance with the 1998 general observation on the Convention, as well as information on the criteria employed for the classification of posts and determination of wages in both the private and public sectors. Please also include data on migrant workers in the statistical information.

7. Article 4. The Committee asks the Government to provide information on the manner in which the industrial court ensures that the principle of equal pay for work of equal value is applied in the collective agreements submitted to its approval. Noting that the National Labour Advisory Council is the highest tripartite consultative forum for labour issues, the Committee asks the Government to supply information on whether the Council has given any consideration to the issue of equal pay between men and women for work of equal value.

8. Part III of the report form. The Committee invites the Government to provide information on the manner in which the application of the principle of equal pay as enshrined by the Convention is supervised and ensured.

9. Part IV of the report form. Noting the Government’s indication that the parties to a collective agreement are entitled to bring any matters regarding any disputes before an industrial court for an award, the Committee asks the Government to provide statistics of the disputes concerning the principle of equal pay for work of equal value.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee takes note of the Government’s first report.

1. Articles 1 and 2 of the Convention. The Committee notes that the legislation does not make any specific reference to the principle of equal remuneration between men and women for work of equal value. It notes with some concern that the Constitution, the Employment Act and the Wages Council Act do not prohibit sex discrimination. Considering that the lack of legal protection against sex discrimination impairs the application of the Convention, the Committee would be grateful if the Government would indicate whether it has given any consideration to introducing amendments to prohibit sex discrimination in employment, including in remuneration, and to require equal remuneration between men and women for work of equal value.

2. The Committee draws the attention of the Government to the very broad definition of remuneration contained in Article 1 of the Convention. Noting that the definitions of wages established by the Employment Act and that of remuneration contained in the Wages Council Act do not encompass emoluments in kind and also provide for exclusion of elements of remuneration which are covered by the Convention, the Committee asks the Government to indicate how the principle of equality between men and women will be guaranteed in respect of emoluments excluded from these definitions.

3. The Committee notes that the Government has implemented since 1969 an "equal pay for equal work policy". It asks the Government to supply information on this policy and on the progress achieved through its implementation in relation to the application of equal remuneration between men and women for work of equal value. The Committee also notes the National Policy on Women and the Action Plan for Women’s Development as well as the existence of various ministerial departments and institutions dealing with women’s issues. It asks the Government to provide information on the measures taken for equal remuneration under the abovementioned policies and bodies. It also requests information on the results obtained in respect to enhancing women’s position in the labour market and promoting equal pay between men and women for work of equal value.

4. The Committee notes the Government’s statement that in the private sector collective bargaining may be used to determine remuneration and it requests copies of any relevant agreements. Furthermore, it invites the Government to provide information on the methods used in non-unionized workplaces to determine remuneration. The Government is also asked to supply the wage regulations adopted under the Wages Council Act. In addition, the Committee would be grateful for information on the manner in which the Government is promoting the inclusion of equal pay provisions in collective agreements and on the manner in which the Wages Council uses its competence to guarantee that equal remuneration between men and women for work of equal value is applied in the wage regulations.

5. Article 3. The Committee requests the Government to provide information on the methodology used for fixing wages in the public sector and on how equal pay for work of equal value is ensured, such as through the application of objective job evaluation systems.

6. Noting the Government’s statement that in the public service there is no longer any difference in fact or in law, between the remuneration of men and women civil servants, the Committee asks the Government to supply data on the distribution of women and men in the federal and state civil service by earnings level. Moreover, it invites the Government to supply statistical information, disaggregated by sex, in accordance with the 1998 general observation on the Convention, as well as information on the criteria employed for the classification of posts and determination of wages in both the private and public sectors. Please also include data on migrant workers in the statistical information.

7. Article 4. The Committee asks the Government to provide information on the manner in which the industrial court ensures that the principle of equal pay for work of equal value is applied in the collective agreements submitted to its approval. Noting that the National Labour Advisory Council is the highest tripartite consultative forum for labour issues, the Committee asks the Government to supply information on whether the Council has given any consideration to the issue of equal pay between men and women for work of equal value.

8. Part III of the report form. The Committee invites the Government to provide information on the manner in which the application of the principle of equal pay as enshrined by the Convention is supervised and ensured.

9. Part IV of the report form. Noting the Government’s indication that the parties to a collective agreement are entitled to bring any matters regarding any disputes before an industrial court for an award, the Committee asks the Government to provide statistics of the disputes concerning the principle of equal pay for work of equal value.