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

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

Development in policies. The Committee notes that the five-year Strategic Plan for Gender Equality 2009–13 was adopted in September 2009, and that the priority areas include: (i) expansion of employment and business opportunities for women; (ii) education of women and girls at all levels; and (iii) equal representation of women in politics and public decision-making, including the improved representation of women in the civil service at all levels including in senior positions. The Committee also notes the Government’s indication that a gender mainstreaming action plan has been implemented in the ministries. The Committee asks the Government to provide information on the practical application of the Strategic Plan for Gender Equality 2009–13, and the impact of this Strategic Plan on promoting equal remuneration for men and women for work of equal value. Please also supply information on any other policies promoting the principle of the Convention.

Gender pay gap. The Committee notes the Government’s indication that no concrete measures have been taken to address the gender pay gap, and that there has been no national survey on the earnings of men and women disaggregated by sex and economic activity and occupation. The Committee asks the Government to take steps to address the gender pay gap, including in the context of its Strategic Plan for Gender Equality, and to provide information on any progress made in reducing the persistent gender pay gap. Recalling the importance of statistics 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 hopes that the Government will take steps to collect and analyse statistical information on the earnings of men and women disaggregated by sex, economic activity and occupation both in the public and private sectors, and asks it to provide information on steps taken in this regard.

Article 2 of the Convention. Application of the principle. The Committee recalls its previous comments asking the Government to indicate how the principle of equal remuneration for work of equal value is ensured with respect to the categories of workers excluded from the Labour Law. The Committee recalls that the principle of equal remuneration for work of equal value is to apply to domestic workers, whether nationals or non-nationals, and particular attention should be given to ensuring that domestic work is not undervalued due to gender stereotypes (General Survey on the fundamental Conventions, 2012, paragraph 707). The Committee notes the Government’s indication that the categories of workers who are excluded from the Labour Law are to be covered by special legislation, but that such legislation has not yet been drafted. The Committee asks the Government to take steps to ensure the application of the principle of equal remuneration for work of equal value with respect to the categories of workers excluded from the Labour Law, including domestic workers, whether nationals or non-nationals. Noting that the documents were not attached to the Government’s report, the Committee once again asks the Government to supply copies of Royal Decree No. 1201/450 and Sub-decree No. 34.

Minimum wages. The Committee recalls the Government’s explanation that a minimum wage was set for the footwear and garment industries, and that the minimum wage was established without distinction among professions or jobs. The Committee also recalls the Government’s indication that in the garment and footwear industries, the minimum wage was amended in 2011 (Notification No. 049/10), and for civil servants the basic salary has been increased by approximately 20 per cent every year. The Committee notes the Government’s indication that it cannot set minimum wages for industries other than the footwear and garment industries. Given the difficulties in setting further sector-level minimum wages, the Committee draws the Government’s attention to the fact that a uniform national minimum wage system helps to raise the earnings of the lowest paid, most of whom are women, and thus it has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (General Survey, 2012, paragraph 683). The Committee asks the Government to consider setting minimum wages for industries other than the footwear and garment industries, or setting a uniform minimum wage, as well as to provide copies of the Prakas (ministerial orders) once they are adopted. It also asks the Government 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. Please also provide copies of Notification by the Ministry of Labour and Vocational Training No. 049/10 of 9 July 2010, Sub-decree No. 167 of 24 December 2010 on the improvement of the basic salary of civil servants, and the Labour Advisory Committee’s statement on livelihood support for workers in the footwear and garment industries of 7 March 2011, none of which were attached to the Government’s report.

Collective agreements. The Committee notes that a copy of the collective agreement at Golden Gain Shoe Company Ltd was not attached to the Government’s report. Please 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 that the Government repeats that it has not attempted to conduct objective job evaluation. The Committee recalls that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. For the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective (General Survey, 2012, paragraphs 695 and 700). The Committee asks the Government, with the cooperation of employers’ and workers’ organizations, to take steps towards the development and promotion of objective job evaluation methods, and to consider seeking ILO technical assistance in this regard.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that no case concerning the principle under the Convention has been dealt with by the labour inspectors, the courts or other dispute settlement bodies. It recalls that, where no cases or complaints are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (General Survey, ibid., paragraph 870). The Committee notes the Government’s indication that in 2004, the Government provided awareness-raising training on the rights of workers at 50–60 factories. The Government adds that from 2011–12, three capacity-building workshops for labour inspectors were held at a ministerial level in all 24 city-provinces, with the support of the ILO and the World Bank. The Committee asks the Government to intensify its efforts to provide training to raise awareness of the rights of workers and to increase the capacity of labour inspectors and others responsible for monitoring and enforcement 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.