Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Equal Remuneration Convention, 1951 (No. 100) - Pakistan (Ratification: 2001)

The Committee notes the observations of the Pakistan Workers’ Federation (PWF) received on 19 October 2017, referring to the need to revisit existing labour laws, and to ensure follow-up at the national and provisional levels. The Committee observes that the PWF refers to points previously raised by the Committee and requests the Government to provide its comments in this respect.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

The Committee notes the observations by the Pakistan Workers Confederation (PWC), received on 11 November 2013.

Legislative developments. The Committee notes the 18th Constitutional Amendment, which devolved the power to enact laws related to labour from the Federal Parliament to the provincial governments. It further notes that existing federal laws remain in force until provincial laws are enacted and that a tripartite consultation committee has been established at the federal level to facilitate the implementation of the Convention by provincial governments. The Committee requests the Government to provide information on any development in this respect, in particular on the measures adopted by the tripartite consultation committee with regard to the adoption by the provinces of legislation for the implementation of the Convention.

Articles 1 and 2(2)(a) of the Convention. Legislation. Definition of remuneration. The Committee notes the Khyber Pakhtunkhwa Government’s Payment of Wages Act (2013), section 2(xiv), which defines wages as including all basic pay and statutory and non-statutory allowances, but excludes any contribution paid by the employer to any pension fund or provident fund, any travelling allowance or the value of travelling concession, any sum paid to defray special expenses, any annual bonus or any sums payable on discharge. The Committee recalls that Article 1(a) of the Convention provides a broad definition of remuneration which includes not only the ordinary, basic or minimum wage or salary, but also “any additional emoluments whatsoever payable directly or indirectly by the employer to the worker and arising out of the worker’s employment”. The definition also captures payments or benefits whether received regularly or only occasionally. It covers among others cost-of-living allowances, dependency allowances, travel allowances, housing and residential allowances, vacation allowances as well as allowances paid under social security schemes financed by the undertaking or industry concerned (see General Survey on the fundamental Conventions, 2012, paragraphs 686, 687 and 690). In order to fully apply the principle of equal remuneration for men and women for work of equal value, the Committee requests the Government to ensure that the Government of Khyber Pakhtunkhwa takes into account all the elements included in the definition of “wage” in section 2(xiv) of the Payment of Wages Act, as well as any other additional emoluments whatsoever.

Equal remuneration for work of equal value. The Committee notes that section 26 of the Khyber Pakhtunkhwa Government’s Payment of Wages Act (2013) provides that “there shall be no discrimination on the basis of gender, religion, sect, colour, caste, creed, ethnic background in the wages and other benefits for work of equal value.” The Committee requests the Government to provide information on the implementation of the Khyber Pakhtunkhwa Government’s Payment of Wages Act (2013) and its impact on the elimination of the gender wage gap. The Committee further requests the Government to provide information on measures taken to ensure that any new labour laws enacted by the other provinces give full expression to the principle of equal remuneration for men and women for work of equal value, allowing comparisons of jobs which are of an entirely different nature, but which are nevertheless of equal value, and that this principle applies both in the public and the private sectors, as well as to all aspects of remuneration, as broadly defined in Article 1(a) of the Convention.

Article 2(2)(b). Minimum wages. The Committee recalls that in its previous observation it had requested the Government to ensure that the setting of minimum wages was free from gender bias. The Committee notes in this respect that section 10 of the Minimum Wages Notification (2012) issued by the Khyber Pakhtunkhwa Government’s Minimum Wages Board stipulates that “An adult female worker shall get the same minimum wages as a male worker receives for work of equal value.” The Committee notes that section 18 of the Khyber Pakhtunkhwa Government’s Minimum Wages Act (2013), which enumerates the prohibited grounds of discrimination for the purposes of the Act, does not include sex. The Committee recalls that there is a tendency to set lower wage rates for sectors predominantly employing women and, due to such occupational segregation, particular attention is needed in setting sectorial minimum wages to ensure that the rates fixed are free from gender bias. The Committee requests the Government to indicate how these two provisions are articulated in order to ensure that minimum wage setting in the province of Khyber Pakhtunkwa is free from gender bias. The Committee further requests the Government to provide information on measures taken to ensure that the setting of minimum wages by other provinces is free from gender bias.

Articles 2 and 3. Objective job evaluation. The Committee notes that according to the PWC, most employers do not utilize objective job appraisal schemes. The Committee notes that in its report, the Government refers to the work of the Provincial Women Development Departments, which includes awareness campaigns as well as workshops leading to the preparation of gender responsive policies. It notes that the Provincial Women Development Departments have also established task forces to monitor organizations to ensure the payment of equal remuneration. The Committee encourages the Government to take measures to ensure that objective job appraisals on the basis of work performed are integrated into the new provincial labour legislations and to provide information on any developments in this regard, including measures taken by the Provincial Women Development Departments in developing and implementing objective job appraisal mechanisms for use in both the public and private sectors.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.