Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Equal Remuneration Convention, 1951 (No. 100) - Lao People's Democratic Republic (Ratification: 2008)

Article 1(a) of the Convention. Definition of remuneration. In its previous comments, the Committee had asked the Government to clarify whether the terms “wages or salary” in section 96 of the Labour Law 2014 refer to the “total salary” defined in section 106 and whether the term “remuneration” contained in section 15 of the Law on the Development and Protection of Women 2004 (LDPW) and “wages or salary” in section 96 of the Labour Law include the ordinary, basic or minimum wage or salary as well as any additional emoluments whatsoever payable directly or indirectly whether in cash or kind, as stated in the Convention. The Committee notes that, in its report, the Government indicates that the term “remuneration” in section 15 of the LDPW has the same meaning as “salary, wages, and total salary” in sections 104 and 106 of the previous Labour Law 2007. Once again, the Committee observes that it is not clear, from the Government’s reply, what is included in the term “salary or wages” of section 96 of the current Labour Law 2014 and in the term “remuneration” of section 15 of the LDPW, and if they are intended to be interchangeable. The Committee recalls that the broad definition of remuneration set out Article 1(a) of the Convention captures all elements that a worker may receive for his or her work, including payments in cash as well as in kind; and payments made directly or indirectly by the employer to the worker which arise out of the worker’s employment. Therefore, the Committee reiterates its request to the Government to clarify whether the terms “wages and salary” in section 96 of the Labour Law 2014 and “remuneration” contained in section 15 of the LDPW include the ordinary, basic or minimum wage or salary as well as any additional emoluments whatsoever payable directly or indirectly whether in cash or kind.

Article 1(b). Work of equal value. Private sector. The Committee had previously asked the Government to provide information on the practical application of section 15 of the LDWP (equal remuneration and benefits for women and men who have the same position, task, work or responsibility) and section 96 of the revised Labour Law 2014 (which no longer refers to “work of equal value”) to jobs of an entirely different nature, involving different positions, tasks, work and responsibility, but which are nevertheless of equal value. It had also requested the Government to clarify – with respect to section 96 – whether a claim can be brought for a violation of equal remuneration for work of equal value, if work compared is overall of equal value based on a range of factors and whether the legislation allows for broad comparisons between jobs performed by men and women in different labour units, enterprises or between different employers. The Committee notes that the Government has not replied to its previous comments in this regard and draws once again the attention of the Government to the fact that, only providing for equal salaries or wages between men and women generally may not be sufficient to give effect to the Convention, as it does not capture the concept of “work of equal value”. The Committee recalls that the concept of “work of equal value” set out in the Convention 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. Moreover, application of the Convention is not limited to comparisons between men and women in the “same labour unit” and allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers (see General Survey on the fundamental Conventions, 2012, paragraphs 673 and 697). Consequently, the Committee requests the Government to clarify – with respect to section 96 – whether a claim can be brought for a violation of equal remuneration for work of equal value, if work compared is overall of equal value based on a range of factors and whether the legislation allows for broad comparisons between jobs performed by men and women in different labour units, enterprises or between different employers. The Committee also requests the Government to provide information on the practical application of section 15 of the LDWP and section 96 of the Labour Law 2014 to jobs of an entirely different nature, involving different positions, tasks, work and responsibility, but which are nevertheless of equal value.

Article 2(1). Scope of application. Public sector. Noting that the right to equal remuneration for men and women for work of equal value is not set out in the Governmental Decree on Public Servants No. 82/PM of 2003, the Committee asked the Government to provide information on the measures taken or envisaged to ensure that equal remuneration for men and women for work of equal value is applied in practice for public servants, and to provide statistics on the distribution of men and women in the different posts of the public service and their corresponding levels of earnings. The Committee notes that the Government does not provide new information in this regard. Therefore, the Committee once again requests the Government to indicate whether the applicable substantive and procedural provisions, in practice, allow claims regarding equal remuneration for work of equal value to be brought successfully by civil servants particularly through local mediation (see General Survey on the fundamental Conventions, 2012, paragraph 871). It also requests the Government to provide statistics on the distribution of men and women in the different posts of the public service and their corresponding levels of earnings.

Private sector. Previously, the Committee noted that it was unclear whether the revised Labour Law 2014 covers “household workers” even though it provides that they must “comply with the working contract”, and therefore requested the Government to indicate how the principle of the Convention is applied to household workers. Noting that the report is silent on the question, the Committee reiterates its request to the Government to indicate how the principle of the Convention is applied to household workers.

Article 2(2). Wage determination. Noting that, pursuant to section 108 of the Labour Law 2014, the State is responsible for determining the levels of minimum wage based on consultations, and that the “minimum wage can be determined for each sector”, the Committee previously asked the Government to indicate the method and criteria used for setting sector-level and industry-based minimum wages and how it is ensured that minimum wages in female-dominated occupations or sectors, such as the garment industry, are not set below the rates applying to male-dominated occupations or sectors involving work of equal value. The Committee notes that the Government’s report does not provide any new information in this regard. It notes however, from the Government’s eighth and ninth report to the United Nations Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) of August 2017, the new Decree on minimum wages for workers in business enterprises, manufacturing and services sectors and a Notification on improving minimum wages in February 2015. The Government further indicated in its report to CEDAW that women occupy 71.8 per cent of the service sector (CEDAW/C/LAO/8-9, paragraphs 98 and 121). The Committee reiterates its request that the Government indicate: (i) the method and criteria used for setting sector-level and industry-based minimum wages; and (ii) how it is ensured that minimum wages in female-dominated occupations or sectors, including the garment and the service industries, are not set below the rates applying to male-dominated occupations or sectors involving work of equal value. Please also provide information on the practical application of the Decree on minimum wages. The Committee also requests the Government to provide information on any collective agreements registered under section 170 of the Labour Law 2014, applying the principle of the Convention.

Article 3. Objective job evaluation. The Committee previously noted that according to section 156(5) of the Labour Law 2014, the Ministry of Labour and Social Welfare is responsible for conducting research on labour, statistics and information, and the labour market, but that the Government had not collected any statistics on the respective earning levels of men and women in the different sectors of the economy and in different occupations. The Committee notes that, since 2011, no information has been provided by the Government regarding the promotion of objective job evaluation methods free from gender bias. It recalls that the concept of “equal value” enshrined in the Convention 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. Article 3 of the Convention presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see General Survey on the fundamental Conventions, 2012, paragraph 695). The Committee therefore requests the Government to take the necessary measures, in cooperation with workers’ and employers’ organizations, to promote objective job evaluation methods free from gender bias, in the public and private sector, such as for example: (i) identifying and eliminating the influence of stereotypes and prejudices with regard to women’s work which cause predominantly female jobs to be undervalued; and (ii) identifying traditional job evaluation methods designed on the basis of the requirements of male-dominated jobs in order to adopt gender neutral evaluation methods instead.

Article 4. Cooperation with social partners. Noting that the Government report is silent on this point, the Committee reiterates its request that the Government provide information on cooperation with employers’ and workers’ organizations to give effect to the principal of equal remuneration for men and women for work of equal value, including by means of collective agreements.

Application in practice. Judicial decisions and labour inspectorate. Noting the absence of information communicated in this regard, the Committee requests the Government to provide specific information on steps taken to raise awareness among workers, employers and their respective organizations and to engage in the capacity building of judges and the labour inspectorate to apply the principle of the Convention. The Committee further requests the Government to provide information on any court or administrative decisions regarding the application of section 15 of the LDPW and section 96 of the Labour Law 2014, as well as information on any violations recorded by the labour inspectorate.

Statistical data. Recalling the importance of collecting data and undertaking research on the actual situation, including the underlying causes, to effectively address discrimination and unequal pay, and determining if measures taken are having a positive impact, the Committee once again requests the Government to make the necessary efforts to collect and analyse sex-disaggregated data on the remuneration levels in the various industries, in the public and private sectors, and for the different occupational categories and to provide such information.