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

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

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that in its previous comments, the Committee sought clarification from the Government as to whether the equal pay provisions of the Labour Code and the Law on Gender Equality covered all aspects of remuneration as defined by Article 1(a) of the Convention. The Committee had also recommended that in the context of future legislative revisions, a clear definition of remuneration in line with the Convention be included and that the principle of equal remuneration be applied to all components of remuneration. The Committee notes that no clear definition of remuneration in line with Article 1(a) of the Convention has been included in the draft Labour Code, despite the Committee’s recommendations. The Committee recalls once again, the importance of defining remuneration in broad terms, encompassing not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”, in order to fully apply the Convention. The Committee urges the Government to take measures to introduce a provision in legislation defining remuneration in accordance with Article 1(a) of the Convention and to ensure that the principle of equal remuneration for work of equal value is applied in respect of all components of remuneration.

Article 1(b). Work of equal value. The Committee has previously raised concerns that the provisions of the Labour Code (section 111) and the Law on Gender Equality (section 13) which provide for equal remuneration for equal work, are narrower than the Convention, which provides for equal remuneration for men and women for work of equal value. The Committee notes that under the Convention, men and women performing jobs of a different nature, which are nonetheless of equal value, should also receive equal remuneration. The Committee had urged the Government in the context of the planned comprehensive revision of the Labour Code, to take the opportunity to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee notes the Government’s response indicating that it has not taken the opportunity of the revision process to include a provision giving full legislative expression to the principle of the Convention because it considers it to be difficult to define equal value for jobs of a different nature. In terms of how to determine equal value, the Committee draws the Government’s attention to Article 3 of the Convention which presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. The Committee also recalls that different methods of job evaluation can be developed, and that for the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be most effective (see General Survey of 1986, paras 138 to 142). The Committee again urges the Government to take measures in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value and encourages the Government to seek ILO assistance in this regard.

Assessment of the gender wage gap. The Committee recalls its previous comments in which it noted that in the public sector, the average monthly income of women amounted to 92 per cent of men’s, while in the private sector and in the foreign invested sector it accounted, respectively, for 75.9 per cent and 65.5 per cent of men’s income. The Committee also previously noted the findings of the Viet Nam Country Gender Assessment of 2006 according to which the gender wage gap existing in the country resulted from sex-based labour market segregation due, inter alia, to “widespread discrimination against women in recruitment” and the “low value attached to women’s work in particular sectors”. The Committee notes from the statistics provided by the Government that during 2007 and 2008, women accounted for 49.3 per cent of the total workforce and represented approximately 50 per cent of workers in most sectors of economic activity. The Government states that this is evidence that sex-based discrimination in recruitment and employment is not problematic. No information is provided on the evaluation of the gender wage gap or measures taken or envisaged to address the wage gap. The Committee once again urges the Government to take appropriate measures to reduce the gender wage gap and address its underlying causes and asks it to provide information on the implementation of such measures. With a view to monitoring and addressing the gender wage gap, the Committee asks the Government to collect and provide more specific statistical data, disaggregated by sex, on the distribution of men and women in different sectors of economic activity, occupational categories and positions and their corresponding earnings both in the private and public sectors.

Parts III and IV of the report form. Enforcement. The Committee notes with interest that training to detect unequal pay for men and women, for judges, labour inspectors and other labour officials has been incorporated in the general programmes of dissemination and education of the Labour Code and that specific training on the Convention was provided in 2008 and 2009 on those in provincial labour departments. The Committee notes the Government’s indication that out of the 799 enterprises inspected during 2007–10, no cases of violations of the principle of equal remuneration for work of equal value were registered. The Committee recalls that the absence of complaints does not necessarily mean that the Convention and the national legislation are effectively applied and is more likely to indicate a lack of awareness of the rights, a lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee asks the Government to continue to provide information on the training offered to judges, inspectors and other labour officials, as well as information on the impact of such training on detecting and addressing unequal pay. Please provide any information on decisions handed down by courts of other competent bodies with regard to the application of the Convention as well as on any violations detected by or brought to the attention of the labour inspectorate services, the sanctions imposed and the remedies provided.

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