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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1 and 2 of the Convention. Application of the principle of equal remuneration for men and women for work of equal value. In response to its request for information regarding the application of section 345 of the Labour Act, 2006, the Committee notes the Government’s repeated general indication that: (1) the Department of Inspection for Factories and Establishments (DIFE) is responsible for enforcing the provisions of the Labour Act; and (2) it regularly provides training, awareness-raising seminars and workshops. The Government adds that the DIFE has started a project on Gender Equality and Women’s Empowerment at the Workplace, which includes training, advocacy programmes, and policy, however it does not provide specific information on their content, nor on their impact on the implementation of the principle of the Convention in practice. The Committee notes that the Decent Work Country Programme (DCWP) for 2017–20, which was extended to 2021, set as specific outcome 2.1, the promotion of the ILO fundamental Conventions, among which are the Convention, and the enhancement of constituents’ capacity for their better implementation. Noting the lack of specific information in the Government’s report, the Committee again asks the Government to provide information on the application of section 345 of the Labour Act, indicating how the terms “work of equal nature or standard or value” have been applied or interpreted in practice, including information on any cases of pay inequality dealt with by the labour inspectors, the courts or any other competent authority, the sanctions imposed and remedies granted. It also asks the Government to continue to provide information on the proactive measures taken to raise awareness of the principle of equal remuneration for work of equal value among workers, employers and their organizations, as well as among law enforcement officials, in particular in the framework of the DWCP 2017–21 and the DIFE Project on “Gender Equality and Women’s Empowerment at the Workplace”.

Article 2(2)(b). Minimum wages. The Committee notes the Government’s indication that the Minimum Wages Board has fixed minimum wages in 42 economic sectors, in line with the principle laid down in section 345 of the Labour Act. The Committee notes the Government’s repeated general statement that the Minimum Wages Board takes into consideration male and female dominated work when determining wages, and notes its statement that the question of discrimination does not arise. In that regard, the Committee wishes to stress once again that a uniform national minimum wage system can help to raise the earnings of the lowest paid, most of whom are women, and thus has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (see 2012 General Survey on the fundamental Conventions, paragraph 683). The Committee asks the Government to provide specific information on:

• (i)the method and criteria used, when determining minimum wages in accordance with section 345 of the Labour Act, to ensure that the remuneration rates are fixed free from gender bias, and in particular that the work in sectors with a high proportion of women is not being undervalued;
• (ii)any developments with respect to the coverage and rates of minimum wages; and
• (iii)any measures envisaged, including in cooperation with employers’ and workers’ organizations to set a national minimum wage rate that would apply equally to all sectors and all categories of workers.

Articles 2(2)(c). Collective agreements. Noting that the Government did not provide any information in this regard, the Committee asks once again the Government to provide information on any measures taken or envisaged, in cooperation with employers’ and workers’ organizations, to promote the principle of equal remuneration between men and women for work of equal value through collective agreements, and to provide examples of any clauses of collective agreements reflecting the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee notes that no information was provided in the Government’s report regarding approaches and methods for objective job evaluation. It notes the Government’s request for ILO training on objective job evaluation. The Committee again recalls that the effective implementation of the principle of the Convention requires some method of measuring and comparing the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skills, effort, responsibilities and working conditions, in order to avoid the assessment being tainted by gender bias. It further recalls that measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see 2012 General Survey on the fundamental Conventions, paragraph 695). The Committee asks the Government to provide information on :

• (i)any measures taken to promote, develop and implement practical approaches and methods for objective job evaluation, both in the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work; and
• (ii)any job evaluation exercise undertaken in the public sector, indicating the method and criteria used and the measures adopted to ensure that men and women receive equal remuneration not only for the same work but also for work of equal value.

The Committee encourages the Government to avail itself of the technical assistance of the Office in this regard.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Governments repeated indication that representatives of employers’ and workers’ organizations are part of the wage-setting process in the Minimum Wages Board for the private sector, in the Wage Commission for the officers and workers employed by the Government, and in the Wage and Productivity Commission for public sector enterprises. Noting that once again no information was provided by the Government in this regard, the Committee again asks the Government to provide specific information regarding the methods and criteria used during wage-setting process in the above entities. It further asks the Government to provide information on any specific actions undertaken to promote the principle of the Convention by and among the social partners.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1–4 of the Convention. Assessing and addressing the gender wage gap and its underlying causes. The Committee observes: (1) the wide gender pay gap that persists in both the public and private sectors and the formal and informal economy; and (2) the occupational segregation of women in elementary occupations and the increasing number of women who are working in the informal economy. The Committee notes the Government’s indication that: (1) disaggregated statistical data on the earnings of men and women in the informal economy is not recorded by the Department of Inspection for Factories and Establishments (DIFE); and (2) according to the 2017 Labour Force Survey, 85 per cent of employed persons are in informal employment. The Committee further notes that 59.7 per cent of women and 32.2 per cent of men work in agriculture, forestry and fishing, and that the wage gap in agriculture was 31.51 per cent in 2018–19 (40.52 in 2010–11) (see Policy Brief of the Bangladesh Bureau of Statistics of 2 May 2021). The Committee also notes the Government’s continued repetition that: (1) there is no gender pay gap in the formal sector both in public and private industrial and commercial enterprises; and (2) section 345 of the Labour Act, 2006, provides for equal wages for work of equal value. The Government adds that it is concerned about promoting women’s access to the labour market and that several ministries are providing training for women on different skills. In this context, the Committee reiterates its request to the Government to adopt specific measures to assess and reduce the existing gender wage gap in both the formal and informal economy. The Committee also asks the Government to provide information on: (i) the steps taken to address occupational segregation, including by promoting women’s access to the labour market and to jobs with career prospects and higher pay, and their results; and (ii) the earnings of men and women, disaggregated by economic activity and occupation, in both the public and private sectors, as well as in the informal economy.

Article 1(a). Definition of remuneration. Legislation. The Committee notes that the Government has formed a Tripartite Labour Law Review Committee, which has started its work. It notes however with concern the Government’s repeated statement that it considers that the definition of “wages” in section 2(45) of the Labour Act to be in line with the Convention. The Committee recalls that this definition excludes particular aspects of remuneration such as “the value of any house accommodation, light, water” or “any travelling allowance”. In this regard, the Committee again draws the Government’s attention to Article 1(a) of the Convention which sets out a broad definition of remuneration, including not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever … whether in cash or in kind”. The use of “any additional emoluments whatsoever” requires that all elements that a worker may receive for his or her work, including accommodation and travel allowances, are taken into account in the comparison of remuneration. Such additional components are often of considerable value and need to be included in the calculation, otherwise much of what can be given a monetary value arising out of the job would not be captured (see the 2012 General Survey on the fundamental Conventions, paragraphs 686–687 and 690–691). Noting the Government’s indication that a Tripartite Labour Law Review Committee was formed and started its work, the Committee reiterates its request to the Government to take appropriate steps so that the definition of “wages” provided under section 2(45) of the Labour Act is modified to encompass all the elements of remuneration, as defined in Article 1(a) of the Convention so as to ensure that the principle of equal remuneration for men and women for work of equal value can be fully applied.

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

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

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

Article 2(2)(b). Minimum wages. The Committee previously noted that the Government indicated being aware of the undervaluation of the minimum wages in sectors predominantly employing women and that, as a result, the minimum wage of the ready-made garments (RMG) industry had been revised more frequently than other industries. The Committee notes the Government’s indication that the minimum wage in the RMG industry is again being reviewed. Referring to its previous comments on the need to use gender neutral terminology in defining jobs and occupations in wage orders, the Committee notes the Government’s statement that gender-neutral terminology is being used in wage orders by the Minimum Wages Board but requests ILO technical assistance in order to raise awareness of the tripartite partners on this issue. The Government adds that the coverage of minimum wages for workers employed in the private sector is gradually being increased, the Minimum Wages Board having fixed minimum wages in 38 out of the 42 economic sectors identified, in line with the principle laid down in section 345 of the Labour Act, while ensuring that there is no sex discrimination in the determination of wages. The Committee notes the Government’s general statement that the Minimum Wages Board takes into consideration male and female dominated works when determining wages. It notes however that, as highlighted in the context of the DWCP for 2017–2020, the implementation of minimum wages is not always guaranteed and violations are often reported in that respect. In that regard, the Committee wishes to stress that a uniform national minimum wage system can help to raise the earnings of the lowest paid, most of whom are women, and thus has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (see General Survey on the fundamental Conventions, 2012, paragraph 683). In light of the persistent gender wage gap and occupational gender segregation of the labour market, the Committee again asks the Government to provide information on the method and criteria used to ensure that the remuneration rates fixed by the Minimum Wages Board are free from gender bias, and that the work in sectors with a high proportion of women is not being undervalued in comparison with the work in sectors in which men are predominantly employed. It also asks the Government to provide information on the developments with respect to the coverage and rates of minimum wage, as well as on any measures envisaged, including in cooperation with employers’ and workers’ organizations, to set a national minimum wage rate that would apply equally to all sectors and all categories of workers. The Committee encourages the Government to avail itself of the technical assistance of the Office to raise awareness of the tripartite partners on the use of gender neutral terminology in defining jobs and occupations in wage orders.

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

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

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

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

Articles 1 to 4 of the Convention. Assessing and addressing the gender wage gap. With reference to its previous comments concerning the wide and persistent gender wage gap, the Committee notes the Government’s statement in its report that there is no gender pay gap in the formal sector, but that invisible pay differentials exist in the informal sector which is excluded from the scope of application of the Labour Act, 2006. The Committee recalls in that respect that it previously noted that section 345 of the Labour Act, 2006, provides that, in determining wages or fixing minimum wage rates, the principle of equal wages for male and female workers for work of “equal nature or equal value” shall be followed. The Committee notes the adoption of the Seventh Five-Year Plan (2016–20) for implementing the Government’s Vision 2021, which sets specific targets on gender equality and income equality. With reference to the Decent Work Country Programme (DWCP), which provides for the promotion of the Convention and the enhancement of the capacity of constituents’ for its better implementation, the Committee notes that the United Nations Development Assistance Framework (UNDAF) for 2017–20 sets as a specific outcome that, by 2020, relevant state institutions, together with their respective partners, shall increase opportunities, especially for women to contribute to and benefit from economic progress, including by the reducing the gender wage gap which was estimated at 21.1 per cent in 2007 to a target of 10 per cent in 2020. The Committee notes that, according to the 2017 Labour Force Survey (LFS) of the Bangladesh Bureau of Statistics, the labour force participation rate of women remains far below that of men (36.4 per cent for women compared to 80.7 per cent for men), while their unemployment rate is twice as high as that of men (6.7 per cent for women compared to 3.3 per cent for men). It notes that only 0.6 per cent of women are managers, while 15.8 per cent of them are in elementary occupations. The Committee notes that, according to the LFS, the gender wage gap persists in some occupations, such as craft and related trade workers, elementary occupations and agricultural workers, and that wage differentials between the average monthly earnings of paid women and men employees in 2016–17 was estimated at 9.8 per cent. The Committee further notes, from the LFS, that women employed in the same occupational categories as men systematically receive lower remuneration in all occupational categories. Noting the Government’s statement that pay differentials in the informal sector are decreasing as a result of actions by the Government and the media but that it is very difficult to control the pay gap in the sector, the Committee notes the increasing number of women who are working in the informal economy, which is characterized by low earnings and poor conditions, who are estimated at 91.8 per cent of women in 2017 (compared to 85.6 per cent in 2005–06). The Committee notes that, in its 2018 concluding observations, the United Nations Committee on Economic, Social and Cultural Rights expressed concern at the large and persistent gender pay gap which reached 40 per cent (E/C.12/BGD/CO/1, 18 April 2018, paragraph 33(b)). It also notes that, in the framework of the Universal Periodic Review (UPR), the Human Rights Council specifically recommended reducing the gender wage gap and ensuring women’s access to the labour market (A/HRC/39/12, 11 July 2018, paragraph 147). The Committee asks the Government to adopt concrete measures to reduce the existing gender wage gap, in both the formal and informal economy, and to ensure that implementation of the principle of equal pay for work of equal value. The Committee also asks the Government to promote women’s access to the labour market and to jobs with career prospects and higher pay, particularly in the framework of the Seventh Five-Year Plan for 2016–20 and the Decent Work Country Programme for 2017–20. It asks the Government to provide any assessment made of the effectiveness of the measures adopted and implemented to that end, as well as any study undertaken to assess the nature and extent of wage differentials in the informal economy. The Committee asks the Government to provide updated statistical data on the earnings of men and women, disaggregated by economic activity and occupation, in both the public and private sectors, as well as in the informal economy.

Article 1(a). Definition of remuneration. Legislation. The Committee previously noted that section 2(xlv) of the Labour Act excludes particular aspects of remuneration from the definition of “wages”, including in-kind emoluments such as accommodation. It also recalls the provisions of section 345 of the Labour Act, referred to above. The Committee notes the Government’s statement that it considers that the definition of wages in the Labour Act to be in line with the Convention. In this regard, the Committee draws the Government’s attention to the fact that Article 1(a) of the Convention sets out a broad definition of remuneration, which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever … whether in cash or in kind”. The use of “any additional emoluments whatsoever” requires that all elements that a worker may receive for his or her work, including accommodation, are taken into account in the comparison of remuneration. Such additional components are often of considerable value and need to be included in the calculation, otherwise much of what can be given a monetary value arising out of the job would not be captured (see the 2012 General Survey on the fundamental Conventions, paragraphs 686–687 and 690–691). The Committee asks the Government to take appropriate steps so that the definition of “wages” provided under section 2(xlv) of the Labour Act is modified to encompass all the elements of remuneration, as defined in Article 1(a) of the Convention, in order to ensure that section 345 of the Labour Act fully reflects the principle of the Convention. In the meantime, the Committee asks the Government to provide information on the manner in which it is ensured that the principle of equal remuneration for men and women for work of equal value is applied in practice in relation to those aspects of remuneration which are excluded from the definition of “wages” under section 2(xlv) of the Labour Act.

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

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

The Committee notes the observations of the Bangladesh Employers’ Federation (BEF) submitted by the Government with its report.

Article 1(a) of the Convention. Definition of remuneration. The Committee recalls that section 2(xlv) of the Labour Act, excludes particular aspects of remuneration from the definition of “wages”, including in-kind emoluments such as accommodation. The Committee also recalls that section 345 of the Labour Act provides that in determining wages or fixing minimum rates of wages the principle of equal wages for male and female workers for work of “equal nature or equal value” shall be followed. The Committee notes both the Government’s and the BEF’s indication that the principle of equal wages for work of equal value is realized through the establishment of relevant laws and the Minimum Wage Board, and that there is no discrimination on the ground of sex. The Committee notes, however, that neither the Government nor the BEF have addressed its request concerning the need to expand the definition of remuneration for the Government to be in full compliance with the principle of equal remuneration for work of equal value. The Convention sets out a broad definition of remuneration, which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever … whether in cash or in kind” (Article 1(a)). The use of “any additional emoluments whatsoever” requires that all elements that a worker may receive for his or her work, including accommodation, are taken into account in the comparison of remuneration. Such additional components are often of considerable value and need to be included in the calculation. Otherwise much of what can be given a monetary value arising out of the job would not be captured (see General Survey on fundamental Conventions, 2012, paragraphs 686–687 and 690–691). The Committee requests the Government once again to take steps to broaden the scope of application of section 345 of the Labour Act to include all aspects of remuneration, and to provide specific information in this regard. In the meantime, the Committee once again requests the Government to examine the extent to which the principle of equal remuneration for men and women for work of equal value is being applied in practice in relation to those aspects of remuneration which are excluded from the definition of “wages” under section 2(xlv) of the Labour Act, and to provide information on the steps taken in this regard.

Articles 1 and 2. Assessment of the gender pay gap. The Committee recalls the findings of the 2008 ILO study “The gender wage gap in Bangladesh” and the findings of the 2007 wage survey carried out by the Bangladesh Bureau of Statistics, both of which show a wide and persistent gender pay gap. The Committee notes that the Government repeats its previous indication that there is no gender pay gap in the formal sector, without providing any statistics or other information on the earnings of men and women in the public and private sectors. The Committee notes that the Government repeats its acknowledgement that pay gaps exist in the informal sector and in unorganized small enterprises, and that the Government and media have assumed a promotional role to reduce this gap. The Committee also notes the observation by the BEF that it acknowledges that there are gender pay gaps in the small and “irregular” economies that are not subject to labour inspection, and that enforcing labour laws to small and irregular employers may result in women losing their jobs. The Committee notes the 2012 Decent Work Country Programme report on Bangladesh, which indicates that as of 2010, the labour participation rate of women is 35.98 per cent as compared to 82.51 per cent of men, and that only 7.7 per cent of these women participated in the formal economy versus 14.6 per cent of men (Bangladesh Decent Work Country Programme 2012–15, November 2012, page 4). In light of the fact that 92.3 per cent of working women are in the informal economy, the Committee wishes to stress that the principle of the Convention applies to all workers, including workers in the informal economy. It also recalls that in order to develop and implement appropriate measures in countries that have large informal economies, more information regarding the extent of pay differentials in the informal economy, as well as underlying factors perpetuating such differentials are needed, as well as more proactive measures to raise awareness to promote the principle of the Convention (General Survey on the fundamental Conventions, 2012, paragraph 665). The Committee requests the Government to take the initial steps to address the gender pay gap in the informal economy, which is the collection, analysis and systematization of information such as statistical data disaggregated at least by sex, branch of activity, and occupation or occupational group, on the nature and extent of the gender pay gap in the informal economy. The Committee also requests the Government for more information on measures taken to identify and address underlying factors perpetuating the gender pay gap in the informal economy, including studies and other measures taken to reduce the gender pay gap in this sector. The Committee also requests the Government to continue providing specific information on measures taken with a view to the effective implementation of the principle of equal remuneration for men and women for work of equal value in the formal sector, including detailed information on the contents of any training and awareness-raising activities, as well as on any relevant judicial or administrative decisions.

Article 2(2)(b). Minimum wages. The Committee recalls its previous request to the Government regarding the undervaluation of the minimum wages in sectors predominately employing women, as well as regarding the use of gender-neutral terminology in defining jobs in wage orders. The Committee notes the Government’s indication that it is aware of the minimum wage situation of female-dominated industrial sectors, and that accordingly the minimum wage of the ready-made garments industry (RMG) has been revised more frequently than other industries, seeing the minimum rise from 3,000 Bangladeshi taka (BDT) to BDT5,300 in 2013. In this regard, the Committee reiterates its previous comment that, where minimum wage rates are set by occupation, it must be ensured not only that the same wage rates apply to men and women performing a specific occupation, but also that the wage rates for female-dominated occupations are not set at a lower level than the wage rates for male-dominated occupations where the work done is of equal value. The Committee further notes that the reach of comparison between jobs performed by men and women should be as wide as possible, in the context of the level at which wage policies, systems, and structures are coordinated (General Survey on the fundamental Conventions, 2012, paragraph 698). Finally, it notes that the Government recognizes that gender-neutral terminology should be used by the Minimum Wages Board to avoid gender bias in determining wages in female dominated sectors. The Committee requests the Government to continue to provide information on the developments with respect to the coverage and rates of minimum wages. Specifically, it requests the Government to provide more information regarding measures taken or envisaged to objectively compare wage rates that apply to female- and male-dominated occupations, ensuring that in determining minimum wage rates for sectors or occupations in which women are predominantly employed, the work being undertaken is not being undervalued. Regarding the use of gender-neutral terminology in defining jobs and occupations in wage orders, the Committee invites the Government to engage with ILO’s technical assistance so that any sex-specific terminology in minimum wage orders may be addressed in a comprehensive manner.

Enforcement of wage determination machinery. The Committee recalls asking the Government for information regarding measures taken for the effective implementation of section 345 of the Labour Act, which provides that in determining wages or fixing minimum rates of wages the principle of equal wages for male and female workers for work of “equal nature or equal value” shall be followed. It notes the Government’s indication that the Department of Inspection for Factories and Establishments (DIFE) possesses the mandate to enforce provisions related to payment of wages in the Labour Act, that the Department of Labour provides training about payment of wages to representatives of employers, workers, and the Government through its industrial relations institutes (IRI) and labour welfare centres, including through a fixed course entitled “Wages: Payment of wages”. It also notes the Government’s indication that awareness-raising seminars and workshops have been organized for lawyers, judges and high-level officials, as well as its invitation to the ILO to engage with the Government for future technical assistance regarding wage fixing and related areas. The Committee requests the Government to provide more information on the mandate of the DIFE to enforce provisions related to payment of wages, including detailed information regarding the inspectors themselves such as the scope of their individual mandates as well as any training programmes they may go through that would enable them to effectively enforce the principle of equal remuneration for work of equal value between men and women in factories and establishments. The Committee also requests the Government to provide a copy of the training material for the course “Wages: Payment of wages” that is taught in the IRIs and the labour welfare centres, highlighting sections in the course that promote the principles of the Convention. It requests the Government to provide the training material used for awareness-raising seminars for judicial and governmental officers as well. Welcoming the Government’s invitation to the ILO for the provision of technical assistance in this area, the Committee hopes that such assistance will be provided in the near future and will cover the principle of equal remuneration for men and women for work of equal value.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that wage determination in Bangladesh is conducted through at least three systems: the Wage Commission for the officers and employees employed by the Government; the Wage and Productivity Commission for public sector enterprises; and the Minimum Wages Board for workers employed in the private sector. It also notes the Government’s indication that all three systems are tripartite in constitution. Regarding the wage-setting process of public sector employees, the Government indicates that workers are consulted via structured questionnaires and other data collection procedures, after which data is collected from selected workers, union members, and members of management. The Committee also notes the Government’s indication that the Department of Labour provides training to social partners regarding relevant provisions in the Labour Act. The Committee requests the Government to provide more detailed information regarding the wage setting process in the three entities mentioned above, such as for example, information solicited from workers’ and employers’ associations throughout the wage-setting process and how that information is used as wages are ultimately determined. The Committee also requests detailed information on how the principle of equal remuneration for work of equal value is promoted with the work of the tripartite committees and within the context of the training provided by the Department of Labour to social partners.

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

The Committee notes the observations of the Bangladesh Employers’ Federation (BEF) which are incorporated in the Government’s report.

Assessment of the gender pay gap. The Committee recalls the 2008 ILO study “The gender wage gap in Bangladesh” and the findings of the 2007 wage survey carried out by the Bangladesh Bureau of Statistics, both of which show a wide and persistent gender pay gap. The Committee notes that the Government once again asserts that there is no gender pay gap in the formal sector, without providing any statistics or other information on the earnings of men and women in the public and private sectors. The Government does, however, acknowledge that pay gaps exist in the informal sector and in unorganized small enterprises, with nearly 80 per cent of the country’s employment being in the informal economy, and informal employment having increased sharply for women. The Committee also notes the Government’s indication that it faces difficulties in looking into the wage gap in small enterprises, which are spread over the countryside. The Bangladesh Employers’ Federation states that it will be very difficult to minimize the wage gaps in the unorganized informal economy until the economic condition of the country improves. The Committee asks the Government to take steps to collect and analyse information, including statistical data disaggregated at least by sex, branch of activity, and occupation or occupational group, on the nature and extent of the gender pay gap in the formal and informal economies. Please also indicate the concrete steps taken to address and reduce the gender pay gap.

Articles 1 and 2 of the Convention. The Committee recalls that section 345 of the Labour Act of 2006 provides that in determining wages or fixing minimum rates of wages the principle of equal wages for male and female workers for work of “equal nature or equal value” shall be followed. The Committee has been asking the Government for information on the measures taken to ensure the effective application of section 345, and notes in that context that the Government indicates generally that the principle is applied in the public and private sectors, and cites section 307 of the Labour Act, which provides penalties for violations of the provisions of the Labour Act. The Government also states generally that various ministries take measures to train inspectors, public officials, entrepreneurs, and middle managers of enterprises, and that seminars and workshops are organized for lawyers, judges and high-level officials. The Government also indicates that technical assistance could be useful to strengthen the capacity of responsible authorities in implementing the relevant provisions of the Act. The Committee asks the Government to provide specific information on measures taken with a view to the effective implementation of the principle of equal remuneration for men and women for work of equal value, including detailed information on the contents of the training and awareness-raising activities to which the Government refers, as well as on any relevant judicial or administrative decisions. The Committee also asks the Government to provide information on steps taken to secure ILO technical assistance, with a view to ensuring the effective implementation of section 345 of the Labour Act.

Article 1(a). Definition of remuneration. The Committee recalls section 2(xlv) of the Labour Act, which excludes particular aspects of remuneration from the definition of “wages”. The Committee notes the Government’s indication that depending on the nature of jobs, employers provide, for example, accommodation, which is a facility attached to the job and cannot be included in the definition of wages. The Committee recalls that the Convention sets out a broad definition of remuneration, which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever ... whether in cash or in kind” (Article 1(a)). The use of “any additional emoluments whatsoever” requires that all elements that a worker may receive for his or her work, including accommodation, are taken into account in the comparison of remuneration. Such additional components are often of considerable value and need to be included in the calculation. Otherwise much of what can be given a monetary value arising out of the job would not be captured (see General Survey on fundamental Conventions 2012, paragraphs 686–687, 690–691). The Committee asks the Government to take steps to broaden the scope of application of section 345 of the Labour Act to include all aspects of remuneration, and to provide specific information in this regard. In the meantime, the Committee again asks the Government to examine the extent to which the principle of equal remuneration for men and women for work of equal value is being applied in practice in relation to those aspects of remuneration which are excluded from the definition of “wages” under section 2(xlv) of the Labour Act, and to provide information on the steps taken in this regard.

Article 2(2)(b). Minimum wages. The Committee previously noted that wages were very low in the ready-made garments industry (RMG), in which 90 per cent of employees are women. The Committee notes that, pursuant to the wage order of 31 October 2010, the minimum wage for the RMG sector has increased from 1,650 Bangladeshi taka (BDT) to BDT3,000. The Committee notes, however, that in defining different functions in the wage order, sex-specific terminology remains in use, such as “pressing men” or “pressing women”. Such terminology should be avoided so as not to reinforce stereotypical attitudes regarding whether certain jobs should be carried out by men or women. The Committee also notes the Government’s indication that 45 sectors are now covered by the minimum wage scheme, including jute industries, tailoring, oil mills and vegetable products. The Committee asks the Government to continue to provide information on the developments with respect to the coverage and rates of minimum wages. The Committee again asks the Government to indicate how in practice it is ensured that in determining minimum wage rates for sectors or occupations in which women are predominantly employed, the work being undertaken is not being undervalued, including whether any specific method is used to objectively determine the value of the various jobs. The Committee also asks the Government to take steps to ensure that gender-neutral terminology is used in defining the various jobs and occupations in the wage orders, and to provide specific information in this regard.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that the representatives of employers’ and workers’ organizations are members of the Minimum Wage Board, and are included in the wage commissions when the Government forms such commissions. The Committee asks the Government to provide more detailed information on the role of the social partners on the Minimum Wage Board and the wage commissions with respect to promoting and ensuring the application of the principle of the Convention. The Committee also once again asks the Government to indicate the specific measures taken to seek actively the cooperation of workers’ and employers’ organizations to give effect to the provisions of the Convention, including any training and awareness-raising activities on the principle of the Convention and the related provisions of the Labour Act.

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

Assessment of the gender pay gap. The Committee recalls its previous observation noting the findings of the 2007 wage survey carried out by the Bangladesh Bureau of Statistics among non-farm production workers that the average daily income of women amounted to 69.7 per cent of that of men. It had also noted that according to a World Bank report of 2008 women in rural areas earned 59.7 per cent of men’s wages (nominal), that the ratio for urban areas was 56 per cent (data for 2002–03), and that gender pay differentials were often explained by the lower levels of skills and qualifications of women workers. The report also found a tendency to set lower wages in sectors predominantly employing women, in part as a result of wage discrimination. The Committee notes the Government’s statement that there is no visible pay gap between men and women in the formal economy, the public sector or in non-governmental bodies, without however, providing further information, including statistics on the earnings of men and women in the public and private sectors. The Government also states that it has been raising awareness through a public–private partnership approach to address the wide gender pay gap, if any, in the informal economy. The Committee notes from the Bangladesh Decent Work Country Programme (2006–09) that nearly 80 per cent of the country’s employment is in the informal economy, and that unlike for men, informal employment, which is low paying, low skill-intensive and less secure, has increased sharply for women over time. The Committee asks the Government to take appropriate steps to assess the nature and extent of the gender pay gap, and to provide detailed and up-to-date information on the earnings of men and women in both the formal and informal economy. The Committee also asks the Government to provide information demonstrating that the necessary measures are being taken to address and reduce the gender pay gap in the formal and informal economy.

Articles 1 and 2 of the Convention. With respect to its previous observation requesting detailed information on the measures taken to ensure the effective application of section 345 of the Labour Act (concerning the principle of equal wages for male and female workers for work of equal nature or value) the Committee notes the Government’s statement that no cases or complaints have been received from workers regarding equal pay. The Government also states that training and awareness-raising programmes have been conducted throughout the country by the Industrial Relations Institute and Labour Welfare Centre on industrial relations, labour law, equal remuneration and ILO Conventions for workers’ and employers’ representatives and government officials. The Committee must point out that the very general information provided does not indicate whether appropriate measures are being taken to ensure the effective implementation of section 345 of the Labour Act of 2006. The Committee, therefore, asks the Government to provide full details on the results achieved by the training and awareness raising for workers’ and employers’ representatives, and government officials on the issues of equal remuneration. Please also indicate the specific measures taken to enhance the capacity of the responsible authorities, including judges, labour inspectors and other public officials, to identify and address cases concerning section 345 of the Labour Act of 2006, as the Committee had previously requested.

Article 1(a). Definition of remuneration. The Committee recalls that section 345 of the Labour Act only applies to “wages” which, under the terms of section 2(xlv), do not include the following aspects of remuneration: (1) the value of any house accommodation, supply of light, water, medical attendance or other amenity or of any service excluded by general or special order of the Government; (2) contributions by the employer to any pension fund or provident fund; (3) travelling allowances; (4) reimbursements of special expenses incurred by the worker. The Committee notes the Government’s statement that in law and in practice both male and female workers receive equal wages and other allowances as per eligibility and entitlement, and that no complaints regarding discrimination were received. The Committee recalls that the absence of complaints regarding differences in payment of allowances to men and women does not necessarily mean that no discrimination exists. In the absence of further practical information on this matter, the Committee asks the Government to examine the extent to which the principle of equal remuneration for men and women for work of equal value is applied in relation to those aspects of remuneration which are excluded from the definition of “wages” contained in section 2(xlv) of the Labour Act, and to report on the progress made.

Article 2(2)(b). Minimum wages. The Committee notes that according to the Government, minimum wages are determined on the basis of the nature of the work, the workers’ skills, and the standard of living. The Government further reiterates that the Minimum Wages Board applies the principle of equal remuneration for men and women for work of equal value. The Committee notes from the Bangladesh Decent Work Country Programme (2006–09) that the wages are very low in the readymade garments industry (RMG) which employs some 2.1 million persons, approximately 90 per cent of whom are women. Noting the tendency to set lower wages for sectors predominantly employing women, the Committee once again asks the Government to indicate how, in practical terms, it is ensured that minimum wage rates fixed for female-dominated occupations or sectors are not set below the rates applying to male-dominated occupations or sectors involving work of equal value. Noting further the recent increase in minimum wages for the ready-made garments industry, the Committee asks the Government to provide the texts of the RMG minimum wage order, as well as of other minimum wages orders in force.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that the Government’s report continues to include very general indications regarding cooperation with workers’ and employers’ organizations with respect to labour-related decisions and training programmes. The Committee asks the Government to indicate the specific measures taken to seek actively the cooperation of workers’ and employers’ organizations for the purpose of giving effect to the provisions of the Convention, in accordance with Article 4 of the Convention, and in particular with regard to training and awareness-raising measures on the Convention’s principle and the related provisions of the Labour Act of 2006.

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

Article 2(2)(c) of the Convention. Collective agreements. The Committee notes that the Government’s report contains no information regarding the Committee’s previous request for information on the application of the Convention through collective bargaining and conciliation procedures. It therefore asks the Government once again to indicate whether any collective agreements or conciliation procedures have explicitly addressed the issue of equal remuneration of men and women and, if so, to provide details thereof. The Committee further reiterates its request to the Government to provide examples of collective agreements, including any agreements concluded regarding export processing zones.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s very general indications regarding cooperation with workers’ and employers’ organizations. The Committee encourages the Government once again to seek actively the cooperation of workers’ and employers’ organizations, in particular with regard to training and awareness-raising measures on the Convention’s principle and the related provisions of the Labour Act. Please indicate any measures taken in this regard.

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

Assessment of the gender pay gap. The Committee notes that a number of recent studies and surveys concerning the labour market in Bangladesh have highlighted the continuing wide differential in the earnings of men and women. The 2007 wage survey carried out by the Bangladesh Bureau of Statistics among non-farm production workers found that the average daily income of women amounted to 69.7 per cent of that of men. According to the 2008 World Bank report entitled “Whispers to voices: Gender and social transformation in Bangladesh”, women in rural areas earned 59.7 per cent of men’s wages (nominal), and the ratio for urban areas was 56 per cent (data for 2002–03). According to the report, the gender pay differentials are often explained by the lower levels of skills and qualifications of women workers, but there is also a tendency to set lower wages in female-dominated sectors, in part as a result of wage discrimination. The Committee asks the Government to provide detailed information on the earnings of men and women in both the formal and informal economy and the measures taken to address the wide gender pay gap.

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes that section 345 of the 2006 Labour Act provides that “[i]n determining wages or fixing minimum rates of wages for any workers, the principle of equal wages for male and female workers for work of equal nature or value shall be followed and no discrimination shall be made in this respect on the ground of sex”. The Committee asks the Government to provide detailed information on the measures taken to ensure the effective implementation of section 345 of the Labour Act, including targeted training and awareness raising on the issues of equal pay for judges, relevant public officials, such as labour inspectors, and workers’ and employers’ representatives. It also asks the Government to provide information on any cases concerning section 345 that have been addressed by the labour inspectorate or the courts.

Article 1(a). Definition of remuneration. The Committee recalls that the principle of equal remuneration for men and women for work of equal value must be applied to all aspects of remuneration as defined in Article 1(a) of the Convention. However, section 345 of the Labour Act only applies to “wages” which, under the terms of section 2(xlv), do not include the following aspects of remuneration: (1) the value of any house accommodation, supply of light, water, medical attendance or other amenity or of any service excluded by general or special order of the Government; (2) contributions by the employer to any pension fund or provident fund; (3) travelling allowances; (4) reimbursements of special expenses incurred by the worker. The Committee asks the Government to indicate how it is ensured, in law and in practice, that the principle of equal remuneration for men and women for work of equal value is applied in relation to those aspects of remuneration which are excluded from the definition of “wages” contained in section 2(xlv) of the Labour Act.

Article 2(2)(b).. Minimum wages. The Committee notes the Government’s indication that the Minimum Wages Board when recommending minimum wages follows the principle of equal remuneration for work of equal value. For example, in November 2006, the Board recommended minimum wages for workers in the ready-made garment sector irrespective of whether they are male or female. In this regard, the Committee recalls that, where minimum wage rates are set by occupation, it must be ensured not only that the same wage rates apply to men and women performing a specific occupation, but also that the wage rates for female-dominated occupations are not set at a lower level than the wage rates for male-dominated occupations where the work done is of equal value. The Committee asks the Government to indicate how, in practical terms, it is ensured that minimum wage rates fixed for female-dominated occupations or sectors are not set below the level of rates applying to male-dominated occupations involving work of equal value. It also asks the Government to provide the texts of the minimum wage orders currently in force.

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. The Committee notes the Government’s report. It also notes the information concerning the gender wage gap in the formal and informal sectors contained in the Government’s 2005 National Strategy for Accelerated Poverty Reduction and the 2005 United Nations Common Country Assessment (CCA) and Development Assistance Framework (UNDAF). This information, based on the Labour Force Survey 2000, indicates that among self-employed women 66 per cent earn less than Tk 1,000 per month, while only 7.3 per cent of self-employed men earn less than that amount. Among salaried workers, 61 per cent of women earn less than Tk 1,000 per month as compared to 16 per cent among male salaried workers. Female contract workers receive wage rates that are only 60 per cent of the rates of male contract workers. The Committee asks the Government to provide information on any measures to address wage inequalities with a view to implementing the National Strategy for Accelerated Poverty Reduction and in the context of the CCA/UNDAF process.

2. Articles 1 and 2 of the Convention. Application of the Convention’s principle to emoluments excluded from the definition of “wage” under national legislation. The Committee recalls, that under section 14 of the Minimum Wages Rules, the principle of equal remuneration for men and women for work of equal value shall be applied in the fixing of minimum rates of wages. It also recalls that, under the Payment of Wages Act (section 2(vi)) and the Minimum Wages Ordinance (section 2(8)), certain emoluments are excluded from the definition of wages, including employer paid contributions to a pension fund or provident fund, travelling allowances, annual bonuses and gratuities payable in discharge. Having noted the above provisions, the Committee asked the Government to clarify how the legislation applies the principle of equal remuneration to emoluments excluded from the legal definition of wages. While noting the Government’s reply indicating that “wages and other emoluments to a worker are equal as per one’s entitlement and eligibility”, the Committee is bound to conclude that the national legislation does not appear to apply fully the provisions of the Convention as it excludes emoluments that are not considered as part of the wage. The Committee hopes that the Government will take the necessary steps to bring the legislation into full conformity with the Convention and asks the Government to keep it informed of any progress made in this respect.

3. Article 2(2)(b). Determination of minimum wages. In reply to the Committee’s previous comments concerning the manner in which the principle of equal remuneration is applied in the minimum wage-fixing process, the Government refers once again to section 14 of the Minimum Wages Rules (see point 1 above). Clarifying its request, the Committee asks the Government to indicate the methods used by the Minimum Wage Board to ensure that section 14 is applied in practice. For instance, how does the Board ensure that rates fixed for female-dominated occupations are not set below the level of rates applying to male-dominated occupations involving work of equal value? The Committee also reiterates its request to the Government to provide copies of the wage orders currently in effect, including the order for agricultural workers.

4. With regard to the application of the Convention in the public sector, the Committee asks the Government to provide more detailed information on how the National Workers Wages and Productivity Commission applies the principle of equal remuneration for men and women for work of equal value.

5. Article 2(2)(c). Collective agreements. The Committee notes the very general information provided by the Government on the application of the Convention’s principle through collective bargaining and conciliation procedures. It asks the Government to indicate in its next report whether any collective agreements or conciliation procedures have explicitly addressed the issue of equal remuneration of men and women and, if so, to provide details thereof. The Committee further reiterates its request to the Government to provide examples of collective agreements, including any agreements concluded regarding export processing zones.

6. Article 4. Cooperation with workers’ and employers’ organizations. Noting the Government’s statement regarding the role of workers’ and employers’ organizations in promoting equal remuneration, the Committee encourages the Government to seek actively the cooperation of the social partners with a view to raising awareness of the need to take specific action to address the existing gender pay gap and to strengthening their capacity to that end. Please indicate any action taken in this respect.

7. Enforcement. The Committee notes from the Government’s report that information is being gathered as to the number of inspections carried out by the Directorate for Inspection for Factories and Establishments, the number of violations of the principle of equal remuneration found, and the steps taken to rectify the violations. It asks the Government to provide this information in its next report.

8. Monitoring the gender pay gap. The Committee notes the Government’s indication that it is in the process of collecting statistical data. The Committee hopes that the data collected will enable the Government to monitor the extent of the gender pay gap with a view to taking further action to reduce it. It asks the Government to provide statistical information on the earnings of men and women in the private and public sectors as soon as it is available.

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

The Committee takes note of the Government’s report. It notes that the report indicates that an annual report for the period ending on 31 May 2000 was enclosed, but that such report was not received.

1. Articles 1 and 2 of the Convention. The Committee notes the Government’s explanation that the "definition of wages as envisaged in the Payment of Wages Act (as made up to date) ... is an obligation on the part of the employers". However, the Committee notes again that the definition of "wages" in that Act, together with the Minimum Wages Ordinance, expressly exclude from their coverage certain emoluments, including (but not limited to) employer-made pension fund contributions, travelling allowances, and any "gratuity payable on discharge". Recalling that the principle of equality between men and women workers is ensured with respect not only to wages, but also to "any emoluments payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment", the Committee reiterates its request to the Government to provide information on how the Convention’s principle is guaranteed in relation to the above-excluded emoluments.

2. The Committee notes the Government’s explanation that the minimum wages for agricultural workers are set by separate order. The Committee would be grateful if the Government would supply a copy of the current order in effect. The Committee reiterates its request to the Government to attach with its next report copies of the other orders setting wages issued by the Minimum Wages Board and to provide information on how the principle of equal remuneration between men and women for work of equal value is applied in the minimum wage-fixing process.

3. The Committee also notes the Government’s explanation that, for other private sector workers not covered by the Minimum Wages Ordinance, wages are determined by means of collective agreements between employers and the collective bargaining agent of the relevant establishments or through a conciliation procedure in a tripartite forum. The Committee asks the Government to forward to it such collective agreements, and at the same time to provide information on the collective bargaining process, particularly with respect to the conciliation procedure, in so far as these involve application of the principle of equal remuneration. It also reiterates its request for the text of the tripartite agreement signed in January 1994 (Statutory Regulatory Order No. 14 - Minimum Wages Ordinance of 1994).

4. The Committee welcomes the newly accorded right to form unions in the export processing zones and that wages will be determined, beginning in 2004, by means of collective bargaining. The Committee invites the Government to supply information on how the collective bargaining process in these Zones operates to ensure the principle of equal remuneration.

5. The Committee notes that the Wages and Productivity Commission and the National Workers Wages and Productivity Commission are one and the same body. The Committee reiterates its request that the resolution establishing this body be supplied to the Office, and its request for information on how the Commission applies the principle of equal remuneration for work of equal value in the fixing of wages. For instance, how does the Commission ensure against the undervaluation of work performed mainly by women?

6. Article 3. The Committee notes the Government’s explanation that the criteria employed for the classification of posts and the determination of wages are "the nature of work, qualification and skillness". The Committee would be grateful for more detailed information about how these criteria are applied in practice in wage fixing and how direct or indirect gender bias is avoided.

7. Article 4. The Committee asks the Government for details on exactly how, in practice, the employers’ and workers’ organizations promote equal pay for men and women in addition to their respective roles in the collective bargaining or statutory wage-fixing bodies.

8. The Committee notes the Government’s explanation that the Directorate of Inspection for Factories and Establishments is responsible for the enforcement of labour laws, including those relating to equal remuneration, and that Inspectors from the Directorate inspect establishments, verify records, confirm that laws are being implemented, issue notices of violations where necessary, and file cases in the court where appropriate. The Committee asks the Government for information as to the number of inspections carried out, the range of enterprises inspected, the number of violations of the principle of equal remuneration found, and steps taken to rectify the violations. At the same time, the Committee asks the Government to continue monitoring the wage gap between women and men, both by means of monitoring the activities of the Directorate and also in any other ways that it deems to be appropriate, and to take all appropriate measures in order to reduce this gap. Moreover, it once again invites the Government to collect and provide updated statistical information, disaggregated by sex, according to its 1998 general observation on the Convention.

9. The Government notes that no court decision and no decision by any other applicable tribunal involving questions of principle relating to the application of the Convention have been made during the reporting period. The Committee asks the Government to continue to monitor the courts and other tribunals, and to forward copies of such decisions as they may arise from time to time.

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 asks the Government to provide information on how the principle of equality between female and male workers is ensured with respect not only to wages but also to "any emoluments, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment" and, in particular, how it is guaranteed in relation to the emoluments expressly excluded from the definition of wages provided by the Payment of Wages Act and the Minimum Wages Ordinance.

2. The Committee notes the provisions on equality in employment set out in the Constitution and relevant laws. It would be grateful if the Government would indicate how the principle of equal remuneration for work of equal value is applied to public employees.

3. Considering that rule 14 of the Minimum Wages Rule establishing the principle of equal remuneration for work of equal value has been adopted under the Minimum Wages Ordinance, the Committee asks the Government to supply information on how the principle of equal pay for work of equal value is applied to the workers in the private sector not covered by the Minimum Wages Ordinance, including agricultural workers. Further, the Committee asks the Government to provide information on how the principle of equal pay for work of equal value is enforced in the export processing zones. The Committee asks the Government to attach with its next report copies of the orders setting the wages issued by the Minimum Wages Board.

4. The Committee notes that in both the Five-Year Development Plan and the reports presented under the UN Convention on the Elimination of All Forms of Discrimination against Women, the Government recognized the existence of wage differentials between male and female workers, particularly in the manufacturing sector. The Committee asks the Government to continue monitoring the wage gap between women and men and to take measures in order to reduce this gap, and to provide information on the remuneration gap and the results of the efforts made to reduce it.

5. Noting that article 29(3)(c) of the Constitution provides for the possibility of reserving classes of employment or offices only to women or men, the Committee would be grateful for information on the application of this provision in practice and the rates of remuneration for the occupations subject to such reservations.

6. The Committee asks the Government to supply information on how it applies the principle of equal remuneration for work of equal value in the fixing of wages. The Committee notes the Government’s statement that wages in the nationalized sector are fixed by the Wages and Productivity Commission, which is formed by the Government from "time to time". It asks the Government to clarify whether this Commission is the same as the National Workers’ Wages and Productivity Commission provided for in the State-Owned Manufacturing Industries Workers (Terms and Conditions of Service) Ordinance and set by Governmental Resolution on 26 February 1984. If not, please supply information on the manner in which the latter Commission applies the principle of equal pay. Please supply a copy of the resolution establishing the National Workers’ Wages and Productivity Commission with the next report.

7. The Committee notes the Government’s statement that in the private sector wages are also determined through collective bargaining. Therefore, it asks the Government to supply copies of relevant collective agreements. The Committee also requests the text of the Tripartite Agreement signed in January 1994 (Statutory Regulatory Order No. 14 - Minimum Wages Ordinance of 1994).

8. Article 3. The Committee asks the Government to provide information on the criteria used for the classification of posts and determination of wages, and on whether job evaluation systems are in place. Moreover, it invites the Government to collect and provide updated statistical information, disaggregated by sex, according to its 1998 general observation on this Convention.

9. Article 4. The Committee notes the Government’s statement that the determination of remuneration and wages is made in cooperation with the representatives of employers’ and workers’ organizations. In this regard, it asks the Government to submit information on how employers’ and workers’ organizations promote the implementation of the principle of equal remuneration for work of equal value in their activities.

10. Part III of the report form. The Committee notes the Government’s statement that the Directorate of Inspection for Factories and Establishments is entrusted with the enforcement and administration of different labour laws including those relating to wages. In this regard, it asks the Government to provide information on the manner in which it supervises and ensures the application of the Convention and on whether it has found any contraventions of the principle of equal pay for work of equal value and, if so, the nature of the contraventions and the remedies and sanctions applied.