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

Equal Remuneration Convention, 1951 (No. 100) - Cambodia (Ratification: 1999)

Development in policies. The Committee notes from the Government’s report that a Gender Mainstreaming Action Plan in the Labour and Vocational Training Sectors 2008–10 has been adopted to promote equity in labour sectors, and in particular to address the problems of the salary gap between men and women. The Committee asks the Government to provide information on measures taken under the Gender Mainstreaming Action Plan to promote equal remuneration for men and women for work of equal value, and the results achieved. Please also supply information on any other policies promoting the principle of the Convention.

Gender pay gap. Referring to the information contained in the “Labour Force 2007” report of the National Institute of Statistics (NIS), the Committee notes that 20 per cent of all employed women were paid employees compared to 27 per cent for men. Phnom Penh had the highest share of paid employees for both women and men with 44 per cent and 56 per cent respectively. In other urban areas, 26 per cent of the employed women were paid employees compared to 46 per cent for men. The Committee notes that no information has been provided on the respective wages of women and men in the different occupations. However, from the Government’s report submitted to the United Nations Committee on Economic, Social and Cultural Rights (CESCR), the Committee notes that in practice, some problems still occur concerning wages between men and women, in particular in the construction sector where the wage for men is 7,000 riels per day while women earn only 5,000 riels (E/C.12/KHM/1, 7 January 2009, paragraph 251). It also notes that in its concluding observations, the CESCR expressed concern at the persistent inequality in wages for work of equal value for men and women in practice (E/C.12/KHM/CO/1, 12 June 2009, paragraph 22). The Committee asks the Government to provide information on the measures taken or envisaged to reduce the gender pay gap and to combat the persistent inequalities in wages. It also requests the Government to provide updated statistical information on the earnings of men and women disaggregated by sex, economic activity and occupation in the public and private sectors.

Article 1(a) of the Convention. Definition of remuneration. In its previous comments, the Committee noted that the definition of “wage” set out in section 103 of the Labour Law of 1997 excludes health care, legal family allowance, travel expenses and benefits granted exclusively to help the worker do his or her job. The Committee reminds the Government that the purpose of the broad definition of “remuneration” enshrined in Article 1(a) of the Convention is to capture all elements that a worker may receive for his or her work, including payments in cash as well as in kind; and payments made directly as well as indirectly by the employer to the worker, which arise out of the worker’s employment. The Committee recalls that, due to the broad definition of “remuneration”, in determining “value”, travel expenses and special benefits, family allowances paid by the employer and social security financed by the employer, as well as any other emoluments, are to be taken into account (see General Survey on equal remuneration, 1986, paragraphs 15 and 17). The Committee, therefore, asks the Government to indicate whether consideration is being given to revising the definition of “wage” in the Labour Law to ensure that it meets the requirements of Article 1(a) of the Convention.

Article 1(b). Work of equal value. The Committee recalls that section 106 of the Labour Law provides for equal wages for “work of equal conditions, professional skill and output ... regardless of their origin, sex or age”; and notes the Government’s statement that section 106 provides for equal wages for workers who perform the same jobs, have the same skills and work under the same conditions. The Committee recalls its 2006 general observation in which it highlighted that the concept of “work of equal value” includes but goes 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. The Committee asks the Government to take steps to ensure that full legislative expression is given to the principle of equal remuneration for men and women for work of equal value, providing not only for equal remuneration for workers who perform the same jobs, have the same skills and work under the same conditions, but also applying to situations where men and women perform work of a different nature, that is nevertheless of equal value; and to provide information on the measures taken in this regard.

Article 2. Application of the principle. The Committee recalls that section 1 of the Labour Law excludes judges, civil servants, personnel of the police, the army, the military police, employees in air and maritime transportation, as well as domestic or household workers. The Committee notes the Government’s statement that these categories of workers are covered under different instruments. In this regard, the Government refers generally to the Constitution of Cambodia, and more specifically to Royal Decree No. 1201/450 (1 December 2001) on the basic salary and perquisites of salary for civil servants; and the Sub-decree No. 34 (23 April 2002) on the reform of remuneration for staff civil servants and remuneration in the education field. The Committee notes that while information was provided concerning civil servants, no information was provided with respect to the other excluded groups of workers. With respect to domestic workers, the Committee recalls that these workers are particularly vulnerable to discrimination and undervaluation of their work. The Committee asks the Government to supply a copy of Royal Decree No. 1201/450 and Sub‑decree No. 34. The Committee also asks the Government to indicate how the application of the principle of equal remuneration for work of equal value is ensured with respect to the other categories or workers excluded from the Labour Law, in particular, with respect to domestic workers, whether nationals or non-nationals.

Minimum wages. The Committee notes the Government’s indication that the minimum wage is set by Prakas (ministerial order) in accordance with section 107 of the Labour Law, and that so far, minimum wages have been set in only two industries, namely the footwear and garment industries. Three Notifications (No. 06, No. 017 and No. 745) of the Ministry of Labour and Vocational Training (MOLVT) provide for an equal “starting wage” for workers in footwear and garment factories, even if the work is of a different nature. The Committee also notes the Government’s indication that the adoption of a Prakas has been considered to extend equal starting wages to industries other than footwear and garment industries. The Committee asks the Government to provide information on the adoption of a Prakas on minimum wages beyond the footwear and garment industries, and to indicate how it is ensured in the minimum wage fixing process that rates for female-dominated occupations are not set below the level of rates for male-dominated occupations involving work of equal value.

Collective agreements. The Committee notes the Government’s indication that collective agreements determine all elements of remuneration, other than minimum wages. The Committee asks the Government to provide copies of collective agreements currently in force that provide for equal remuneration for work of equal value.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that there have been attempts to conduct objective job evaluation, but no appropriate mechanisms are yet in place. The Committee also notes that the Government is considering creating such mechanisms and evaluating if there is a need for ILO technical assistance in this regard. The Committee encourages the Government, with the cooperation of workers’ and employers’ organizations, to take steps towards the development and promotion of objective job evaluation methods in line with its 2006 general observation, and to seek ILO technical assistance in this regard.

Parts III and IV of the report form. Enforcement. The Committee notes that the MOLVT conducted 8,864 inspections between 2006 and 2008, none of which identified any violations of the principle of equal remuneration for men and women for work of equal value; and no cases have been brought to court or to other dispute settlement bodies. The Committee recalls that the absence of complaints or findings of pay inequalities may result from the lack of knowledge of the rights derived from the Convention among workers as well as law enforcers, or difficulties in accessing complaint and dispute resolution mechanisms. The Committee asks the Government to indicate whether any training has been envisaged to raise awareness of the rights of workers or to increase the capacity of labour inspectors and other law enforcers to detect and address violations of the principle of the Convention. The Committee also asks the Government to continue to provide information on whether any cases regarding equal remuneration for men and women for work of equal value have been dealt with by the labour inspectors, the courts or other dispute settlement bodies.