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

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

Articles 1 and 2 of the Convention. Assessment of the gender pay gap. The Committee previously requested the Government to provide data as soon as they become available on the distribution of men and women in various economic sectors and occupations, their levels of responsibility and their corresponding levels of earnings. The Committee notes that the Government’s report does not contain any information in this regard, but that the 2015 ILO publication “Women in the labour market in China” indicates that various studies have pointed to the likelihood of the existence of earnings disparities between men and women. For example, the study indicates that women tend to dominate in the lowest-paying occupations, and that average earnings for business service personnel (half of whom are women) and for professional and technical personnel in the hotel and catering service sector and the health, social securities and social welfare sector (two of the four female-dominated sectors in 2012) lay well below the national average in 2013 (page 16). The study further concluded that differences in educational levels were not sufficient to explain women’s lower earnings and pointed to the effects of discrimination against women in the labour market (page 19). The Committee recalls the Government’s indication that the objectives of the National Programme for Women’s Development 2011–20 would 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 also notes from the Government’s report that the China Enterprise Confederation has conducted research on gender equality in human resources policies of Chinese enterprises in 2013–14, which included suggestions relating to the application of the Convention. The All-China Women’s Federation also provided information on initiatives to increase women’s participation in higher-level posts. The Committee urges 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 once again requests 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. It asks the Government to also provide information on the outcome of the research undertaken by the China Enterprise Confederation, as well as any other 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). Application of the principle to all elements of remuneration. The Committee urges 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. In its previous comments, the Committee requested the Government to take measures, in cooperation with workers’ and employers’ organizations, to ensure that the national wage fixing system reflects fully the principle of the Convention. The Committee notes the Government’s indication that enterprises themselves determine the wage levels and their distribution in accordance with relevant laws, often combining piece rates and hourly wage rates. Moreover, the Government guides and regulates this process through the promotion of a collective consultation system of enterprise wages and releasing information on wage guidance in the labour market to guarantee equal pay for men and women for equal work. Considering the continued policy of the Government to limit the application of the Convention to equal pay for equal work, the Committee is not in a position to conclude that the described method of wage setting takes into account the principle of equal remuneration for men and women for work of equal “value”. It also remains 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. In this regard, the Committee emphasizes once again 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 (see 2012 General Survey on fundamental Conventions, paragraph 673). The Committee further notes that pursuant to paragraph 44 of the Decision of the Central Committee of the Communist Party of China on Major Issues concerning Comprehensive In-depth Reform, adopted at the Third Plenary Session of the 18th CPC Central Committee on 16 November 2013, the Party will “… improve the mechanisms of wage determination and regular growth, the systems of minimum wage …”. The Committee asks the Government for more information on how wage guidance is implemented in practice, and continues to urge the Government to take appropriate measures in light of the Decision of the Central Committee of 2013, 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 previously noted that the promotion of collective bargaining would be the basis for further reforms regarding methods of wage determination, and that the “Rainbow Project” promoted the practice of equal pay for equal work while expanding the coverage of collective agreements. The Committee notes the Government’s indication that in 2014, the Ministry of Human Resources, the All-China Federation of Trade Unions, the China Enterprise Confederation/China Enterprise Directors Association and the All-China Federation of Industry and Commerce developed a plan to promote the implementation of a collective contract system that prioritizes collective wage negotiations. It notes the Government’s indication that specific policies and measures are being made at the regional level to implement target responsibilities according to this plan. Recalling that “equal pay for equal work” is narrower than the principle of the Convention, the Committee asks the Government to provide further information on how it is ensured that the principle of equal remuneration for men and women for work of equal “value” is fully incorporated into collective agreements, including through measures taken to implement the plan developed by the Government and social partners to promote the implementation of a collective contract system at both national and provincial levels. It also asks the Government to provide information on the specific steps taken to raise awareness among workers and employers and their organizations on the principle of the Convention.

Article 3. Objective job evaluation. In its previous comments, the Committee noted 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 that the Government continues to refer to this “job-post wage system”, indicating that women tend to dominate in the lowest-paying occupations and that wage differentials between men and women reflect differences in education, work experience and work performance. As no further information is provided, it 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 urges the Government to provide detailed 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 and practical application. The Committee notes the Government’s indication that a nationwide inspection on wage payments, labour and employment has been carried out in 2014, and that the coverage rate of the grid and network management of national labour security supervision over prefecture-level cities has reached 87 per cent. The Committee notes, however, that the Government provides no information concerning the number of cases submitted to relevant authorities involving violations of the principle of the Convention. The Government indicates that the development of labour inspection and enforcement schemes at the local level remains unbalanced, and that basic work such as the gathering of statistical information regarding labour security and inspection is still inadequate. The Government also indicates that the All-China Women’s Federation receives and provides legal aid for approximately 10,000 complaints regarding violations of women’s labour rights per annum, but no information is provided on how many of these complaints concern pay inequalities between men and women for work of equal “value”. In this regard, the Committee emphasizes the importance of collecting and analysing statistics, including on the nature and number of complaints lodged with various judicial, quasi-judicial and administrative bodies (see 2012 General Survey, paragraph 870). The Committee, again, asks the Government to provide information on the results of the 2014 and any subsequent nationwide inspection on wage payments, labour and employment. It further asks for information on measures taken to ensure that the grid and network management of national labour security supervision provides the labour inspectorate with the capacity to detect and address violations relating to the principle of equal remuneration for men and women for work of equal “value”, and results achieved. The Committee asks the Government for more information on the number and nature of the complaints received by the All-China Women’s Federation, as well as the results of the legal aid provided to these cases. It also asks the Government to provide information on any measures taken to collect and analyse information regarding cases involving violations of the principle of the Convention.