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

Equal Remuneration Convention, 1951 (No. 100) - Pakistan (Ratification: 2001)

Legislation. The Committee recalls its previous comments stressing that provisions intended to give effect to the Convention should give full expression to the principle of equal remuneration for men and women for work of equal value, and asking the Government to continue its efforts to put in place legislation giving effect to the Convention and to ensure that the draft Employment and Service Conditions Act is in full conformity with the Convention. It also recalls that the principle of equal remuneration for men and women for work of equal value applies to both the public and private sectors. The Committee notes from the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) that the draft Employment and Service Conditions Act will be sent to the provinces for consideration. The Committee asks the Government to provide information on the measures taken to ensure that legislation giving effect to the Convention provides for equal remuneration for men and women for work of equal value, allowing comparisons of jobs which are of an entirely different nature, but which are nevertheless of equal value, and that the equal remuneration principle applies both in the public and private sectors, as well as to all aspects of remuneration, as broadly defined in Article 1(a) of the Convention. It also asks the Government to provide information on any progress made toward the adoption of the draft Employment and Service Conditions Act, and a copy of the Act, as soon as it is adopted.

Minimum wages. The Committee recalls its previous comments that the tripartite nature of the Provincial Minimum Wages Board, while important, does not in itself ensure that wage rates for categories of work predominately performed by women are not set at lower levels than the rates for work predominantly performed by men, where the work performed by men and women is, in fact, of equal value. The Committee notes that the Government reiterates that the same wages apply to the same job for men and women. The Committee recalls that there is a tendency to set lower wage rates for sectors predominantly employing women, and due to such occupational segregation, particular attention is needed in setting sectoral minimum wages to ensure that the rates fixed are free from gender bias. The fact that the same wages apply to the same jobs for men and women is not sufficient to ensure that the wage determination process is free from gender bias. The Committee therefore asks the Government to provide information on how it is ensured that the setting of minimum wages is free from gender bias, and to indicate any steps taken in this regard in cooperation with employers’ and workers’ organizations, in order to promote and ensure the principle of equal remuneration for men and women for work of equal value. The Committee also asks the Government to provide copies of the minimum wage notifications currently in force, and to indicate in which of the occupational groups covered women tend to be predominantly employed.

Awareness raising and training. The Committee notes the Government’s indication that various training programmes are being initiated in collaboration with the ILO, and employers’ and workers’ organizations; in particular, the Skill Development Council provides training on gender and women in various trades. The Government also indicates that the National Vocational and Technical Training Commission (NAVTEC), the Technical Education and Vocational Training Authority (TEVTA) and other provincial organizations are working in the field to strengthen the capacity of female workers so that their remuneration does not remain less than that of men. The Committee asks the Government to provide more detailed information on the training activities provided by the Skill Development Council, the NAVTEC and the TEVTA, including the number of courses and participants, disaggregated by sex, and the results achieved in terms of participants finding appropriate employment. It also asks the Government to provide examples of the training materials used as regards the principles of equal remuneration for men and women for work of equal value. Further, please indicate any activities specifically implemented for employers, and whether any of these activities have addressed the issue of objective job evaluation.

Cooperation with employers’ and workers’ organizations. The Committee had previously noted that the Government had closely cooperated with the employers’ and workers’ organizations in the preparation of the Labour Protection Policy (2006), and that as a follow-up to this policy, the Government had started studies on a number of important issues, including the links between working and living conditions and productivity, labour protection in the informal economy, and the effectiveness of the labour administration. It notes the Government’s indication that the studies were forwarded to the provinces for implementation and legislation. However, the Government does not indicate whether the issues relating to the principle of equal remuneration for men and women for work of equal value have been examined in the context of these studies. The Committee asks the Government to provide information on how it is ensured that, when the provinces implement and legislate in respect of the studies, issues relating to the principle of equal remuneration for men and women for work of equal value are effectively addressed, with the cooperation of employers’ and workers’ organizations.

Statistical information. The Committee notes the Government’s indication that statistical information on the levels of remuneration of men and women working in the different sectors of the economy is rarely collected by the relevant authorities. Recalling that statistical information on the levels of remuneration of men and women working in the different sectors of the economy is needed to allow an adequate assessment of the nature and extent of the remuneration gap between men and women, as well as to monitor progress with regard to promoting and ensuring respect for the principle of equal remuneration, the Committee asks the Government to take steps to compile and analyse such statistical information.

Enforcement. The Committee notes the Government’s indication that the provincial wages inspectors and payment of wages authorities have dealt with cases relating to wages and payment of wages to the workers in general, and it is proposed that a study in this regard may be initiated in consultation with the ILO. The Government also states that no court of law or tribunal has given a decision involving the question of principle relating to the application of the Convention. The Committee also recalls the comments from the Pakistan Workers’ Federation (PWF) stressing the need to amend the relevant legislation with a view to ensuring its effective enforcement by the labour inspection services, to which no reply has been provided by the Government. The Committee asks the Government to provide information on any cases dealt with by the competent bodies including the labour courts, concerning the application of the principle of equal remuneration for men and women for work of equal value, as well as any progress made with regard to initiating the study concerning the principle under the Convention. It once again encourages the Government to take appropriate measures with a view to strengthening the mechanisms to enforce the principle of equal remuneration for men and women for work of equal value, including the provision of training for the labour inspectorate and for judges, as well as awareness-raising activities for the general public, and to indicate the measures taken in this regard.