Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Articles 1(b) and 2 of the Convention. Work of equal value. Legislation. In its previous comments, the Committee noted that section 46 of the Labour Law of 1994 and section 11 of the Labour Contract Law 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 in its report that the Labour Contract Law was revised in December 2012 to regulate the term “equal pay for equal work” and that since 2012 it has adopted regulations implementing this principle. The Committee also notes that the Government understands the term “work for equal value” to mean “equal pay for equal work”, as put forward in the Notice on the Description of Certain Regulations of Labour Law issued by the Ministry of Labour in 1994, which provides that “the employer shall pay the same remuneration to employees who perform the same work, offer the same amount of labour and make the same contribution”. In this respect, the Committee considers that the definition of “equal pay for equal work” in the Labour Law, the Labour Contract Law as well as the 1994 Notice on the Description of Certain Regulations of Labour Law do not sufficiently encompass the principle of “work of equal value” set out in Article 1(b) of the Convention. The Committee emphasizes once again that the concept of “work of equal value” 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. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison including, but going beyond, equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 673). The Committee urges the Government to take specific 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 matters in a request addressed directly to the Government.