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

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

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.