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

Equal Remuneration Convention, 1951 (No. 100) - China (Ratification: 1990)

The Committee notes the Government’s report and the attached documentation and asks the Government to provide information on the following points.

1. Recalling its previous request to the Government to consider the possibility of undertaking an analysis of the actual situation of women compared to men in terms of their grading and remuneration levels, the Committee notes the labour statistics provided by the Government on the proportion of women in the various economic sectors and occupational groups. It notes, however, that the statistics on wages are not yet disaggregated by sex and occupation. Noting that the China Women Development Programme (2001-10) reiterates the objective of ensuring equal pay for women and men and of reducing the salary gap between men and women, the Committee stresses the importance of creating an appropriate knowledge base about the earnings of women and their position in the labour market in order to design and implement the measures necessary to achieve these objectives through the application of the Convention. The Government is therefore asked to continue to collect and provide statistical information on the income and employment of women, including their earnings in the various economic sectors and occupational groups, as well as data on their earnings in state-owned as compared to private enterprises. For guidance on statistical collection, the Committee refers to its general observation of 1998.

2. From the information provided in the Government’s report, the Committee notes that women are significantly underrepresented in the occupational group "heads of unit". It hopes that the Government will take measures to address promotion of women to supervisory positions, as such action helps to promote application of the Convention, particularly as an increasing number of enterprises move towards function-based remuneration systems.

3. The Committee notes the Experimental Scheme for Mutually Agreed Salary Agreement promulgated by the Ministry of Labour and Social Security on 8 November 2000, which applies to all enterprises in China and sets out the definition, subject and procedures for such agreements. Section 7 of the Scheme lists the subjects to be covered by salary agreement, which includes the remuneration distribution system, bonuses and benefits. The Committee asks for information on how the Government ensures that the remuneration distribution systems are established in accordance with the principle of equal remuneration for work of equal value and that bonuses and benefits are provided to men and women on an equal footing. Noting that the Directive on Implementing Further In-depth Restructuring of Internal Distribution Systems in Enterprises, also promulgated by the Ministry of Labour and Social Security in November 2000, encourages the use of various forms of function-based wages, the Committee asks the Government to provide a copy of this Directive and information on its implementation.

4. Recalling its previous comments concerning the indicative labour market wage levels issued by the Government as a reference for enterprises, the Committee notes that the labour administration authorities regularly gather, assess and process information on wage levels of different professions in various types of enterprises in order to develop a standard wage level for each profession. The Government indicates that pilot projects to establish such wage guidance systems are being carried out in 98 cities with a view to developing a scientifically based and modern labour market. The Committee asks the Government to provide information on the methodology used to ensure that the indicative wages issues are established in accordance with the principle of the Convention, that jobs in which women work are not undervalued and that the process is free from sex bias.

5. With reference to its previous comments concerning the methods used in supervising the application of the provisions on equal pay, the Committee notes from the Government’s report that the Ministry of Labour and Social Security is responsible for implementing laws and regulations ensuring equal pay and that advocacy, enforcement and monitoring are the principle measures taken to promote and ensure their implementation. The Committee asks the Government to provide information on any enforcement actions including the number and nature of violations reported and the actions taken to remedy any discrepancies.

6. The Committee notes the Government’s indications that the trade unions and women’s associations initiated activities to promote the principle of the Convention. The All-China Trade Union conducted investigations on wage levels among women workers in enterprises under different types of ownership in ten cities in five provinces and the problems discovered were reported to the relevant authorities, followed by coordinated efforts with the enterprises concerned to solve them. The Committee asks the Government to provide information on the results of these investigations and on the impact of the measures taken to address the identified problems.

7. Finally, the Committee notes that the Government has requested the ILO to provide technical assistance with respect to the application of the Convention and hopes that the ILO will be in a position to provide such assistance in the near future.