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

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

Article 1(b) of the Convention. Work of equal value. Legislation. The Committee recalls that section 46 of the Labour Law of 1994 and section 11 of the Labour Contract Law of 2007 refer to “equal pay for equal work”, which is narrower than the principle of the Convention, because it does not encompass the concept of “work of equal value”. The Committee notes the Government’s indication that wage regulations, which are not yet in force, will specify equal pay for equal work. The Committee draws the Government’s attention to the importance of the concept of “work of equal value”, which lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value and the promotion of equality, and which should apply to all workers. The concept of “work of equal value” is fundamental to tackling occupational gender segregation in the labour market, with women concentrated in certain sectors, and at specific levels of the occupational hierarchy, because it permits a broad scope of comparison, going beyond equal remuneration for equal work. The concept of “equal value” requires some method of measuring and comparing the relative value of different jobs undertaken on the basis of entirely objective and non-discriminatory criteria, and allows for comparisons between jobs that are of an entirely different nature, but are nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 658, 673 and 695). The Committee asks the Government to take concrete steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, so that it covers not only situations where men and women perform the same work but also encompasses work that is of an entirely different nature, which is nevertheless of equal value and to provide information in this regard.

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