Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Assessment of the gender pay gap. The Committee recalls the importance of the collection and analysis of data on the distribution of men and women in the various sectors of the economy and occupations, their levels of responsibility and corresponding levels of earnings, in addressing occupational gender segregation. It notes that no statistical information on remuneration disaggregated by sex has been provided. The Committee also notes the Government’s indication that objectives of the National Programme for Women’s Development 2011–20 will include: (i) further facilitating a higher level of education and vocational training for women; (ii) taking effective measures to promote employment of women in newly emerging industries and trades; and (iii) guiding and enabling rural women to shift their employment to non-agricultural sectors. The Committee asks the Government to take steps to collect and analyse data on the distribution of men and women in the various sectors of the economy and occupations, their levels of responsibility and corresponding levels of earnings, and to provide such data as soon as they become available. The Committee also asks the Government to indicate the specific measures taken under the National Programme for Women’s Development 2011–20 in addressing the concentration of women in lower-paid jobs and their under-representation in higher-paid sectors or occupations, and the impact thereof. Please also provide information on any surveys or studies being undertaken or envisaged regarding the application of the principle of equal remuneration for men and women for work of equal value, including the findings of such surveys or studies.

Article 1(a) of the Convention. Application of the principle to all elements of remuneration. The Committee once again asks the Government to provide information on the measures taken or envisaged to ensure that the principle of the Convention is being applied not only to the basic wage but also to any additional allowances, bonuses or subsidies paid directly or indirectly by the employer to the worker, and to ensure that no sex-based discrimination exists in the payment of such additional emoluments.

Article 2. Determination of wages. The Committee notes the Government’s indication that the labour security administrative departments regularly conduct analyses of various occupations to formulate the wages for different occupations, and guide the enterprises for a reasonable determination of the wage level, and that this process does not take into account the factor of gender. The Committee still considers that the described method of wage setting does not appear to take into account the principle of equal remuneration for men and women for work of equal value, and it is unclear how it is being ensured that the wage levels for occupations that are predominantly carried out by women are not being undervalued compared to those carried out by men. The Committee recalls that due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates (General Survey on fundamental Conventions, 2012, paragraph 673). The Committee therefore asks the Government to take appropriate measures, in cooperation with workers’ and employers’ organizations, to ensure that the national system for wage setting fully reflects the principle of equal remuneration for men and women for work of equal value, and to provide information on the progress made in this regard.

Articles 2(c) and 4. Collective bargaining and cooperation with workers’ and employers’ organizations. The Committee recalls the Government’s indication that the promotion of collective bargaining is one of the main means it uses to assist enterprises in the setting of wages, and will be the basis for further reforms regarding methods for wage determination. The Committee notes the Government’s indication that the Rainbow Project of the Government aimed at implementing collective bargaining between 2010 and 2012, and that the coverage of collective agreements reached over 60 per cent in 2010 and 80 per cent in 2011. The Government also states that the practice of equal pay for equal work is being promoted in the context of the Rainbow Project. The Committee recalls that “equal pay for equal work” is narrower than the principle of the Convention and urges the Government to take measures in the context of the Rainbow Project or otherwise, to raise awareness among workers and employers and their organizations of the principle of equal remuneration for men and women for work of equal value and to promote the inclusion of the principle in collective agreements, and to provide specific information of steps taken in this regard.

Article 3. Objective job evaluation. The Committee recalls the “job-post wage system”, under which wages are being determined on the basis of perceived skills required, level of responsibility, labour intensity and working conditions specific to each post. The Committee notes the Government’s indication concerning the characteristics of the “job-post wage system”, however, the Committee remains unclear as to whether the “job-post wage system” referred to by the Government is an objective job evaluation method, with the aim of measuring the relative value of jobs with varying content on the basis of the tasks to be performed, regardless of the worker’s actual performance. The Committee asks the Government to provide information on any progress made in implementing objective job evaluation methods in the public and private sectors, including in the context of the “job-post wage system”.

Enforcement. The Committee notes the Government’s indication that it has established 3,291 labour and social security inspection organs, with 23,000 full-time inspectors and 25,000 part-time inspectors. No information has been provided concerning statistical data on the number of cases involving violations of the principle of the Convention. The Committee asks the Government to provide information on the specific measures taken, including any training opportunities, to strengthen the capacity of the labour inspectorate to detect and address violations relating to the principle of equal remuneration for men and women for work of equal value, and the results achieved. Please provide information on any measures taken to collect and analyse information regarding cases involving violations of the principle of the Convention.