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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations from the National Congress of Thai Labour (NCTL) transmitted by the Government with its reply and received on 25 November 2021.

Article 1(a) of the Convention. Additional emoluments. Overtime payments. The Committee notes the observations provided by the NCTL regarding the provisions of the Labour Protection Act, which set the maximum hours of work per week and stipulate that overtime work should be paid at 1.5 times the hourly rate. The union adds that the Thai Labour Standard (TLS) 8001-2020 states that the employer must pay wages and remuneration to employees for work performed outside work hours or exceeding normal working hours at not less than the legal requirement. It further indicates that Ministerial Regulation No.7 provides that workers involved in production who are paid monthly wages are eligible to be paid for overtime work only at the hourly rate. The NCTL states that therefore there is an inconsistency between Ministerial Regulation No. 7 and the Labour Protection Act, the latter being in conformity with the Convention. The Committee notes that, in its reply, the Government states that there is no inconsistency because Ministerial Regulation No. 7 indicates that employer and workers involved in production can agree the maximum hours worked in a day, as long as the weekly max is under 48 hours and states that the Convention is not relevant in this regard. The Committee recalls that, in accordance with the Convention, the principle of equal remuneration for men and women for work of equal applies not only to wages but also to any additional emoluments, including overtime payments. It also stresses that compliance with the requirements of the Convention is required in law and in practice and, therefore it is important to assess the impact of any legal provisions on the gender pay gap in practice. If, as a result of the implementation of the above legal provisions, women or men are disproportionally affected by lower supplements for overtime work, it may contribute to unequal pay for men and women and have an impact on the gender pay gap and therefore be contrary to the principle of the Convention. In order for the Committee to get an appreciation of how these legal provisions operate in practice and their possible impact on the gender pay gap, it requests the Government to provide statistical information disaggregated by sex on the distribution of men and women in the production sector and other sectors of the economy and, within the production sector, on the number of overtime hours worked as well as any other relevant information. It also requests the Government to provide any assessment it may have made of the impact of overtime payments on the remuneration of men and women.

Articles 2 and 3. Private sector. In its previous comments, the Committee urged the Government to provide information on the practical application of the Thai Labour Standards (TLS) 8001-2003 related to equal remuneration for men and women for work of equal value and also asked it to indicate whether any activities, including training, had been organized in the private sector to promote job evaluation and provide a better understanding of the principle of equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that the TLS are regularly updated and that, on 24 March 2020, the TLS 8001-2020 entered into force. The TLS 8001-2020 state that the employer “shall treat employees equally in payment of wage and remuneration, regardless of gender of employees” (standard 4.7.3). The Committee also notes the information provided by the Government concerning a series of training sessions on TLS 8001-2020 and evaluations of businesses’ application of the TLS, which were conducted by the Department of Labour Protection and Welfare. The Committee requests the Government to provide information on the results of the evaluation exercises conducted by the Department of Labour Protection and Welfare in relation to the application of standard 4.7.3 of the TLS 8001-2020 and the principle of equal remuneration for men and women for work of equal value, including information on the use of objective evaluation methods by employers. Please also continue to provide information on any activities undertaken to promote the application of the Convention in the private sector.

Gender pay gap. In its previous comments, the Committee asked the Government to provide: (1) information on the measures taken under the Eleventh National Economic and Social Development Plan to improve women’s access to decision-making and management positions, and their impact on reducing the gender pay gap; and (2) statistical data disaggregated by sex on the participation of men and women in different occupations and sectors of activity in the public and private sectors. The Committee notes that the Government refers to the Five-Year Report on the Eleventh National Economic and Social Development Plan (2012–2016) which highlights that the number of women in executive and decision-making positions increased during the years of implementation of the Plan. The Committee also notes that currently the Twelfth National Economic and Social Development Plan (2017–2021) includes a strategy (strategy no. 2) to reduce inequality in society which, among other things, envisages the adoption of measures to reduce income inequalities (target 1). Under the Plan, the Department of Women's Affairs and Family of the Ministry of Social Development and Human Security has introduced the Action Plan for Women Development (Phase 1: 2020-2022) with the objective of fostering gender equality by changing attitudes, empowering women and enhancing their public participation, among others. Concerning statistical data, the Committee notes from the statistics provided by the Government that in the last quarter of 2020 the average monthly wage of women was 14,780 Bath, compared to 14,484 Bath for men. The Committee also notes that according to the Labour Force Survey, in the last quarter of 2020, women accounted for 45.87 per cent of the total population in employment. In the same period, the majority of women in employment worked as skilled agricultural forest and fishery workers (26.9 per cent of all women workers) followed by service workers (24.76 per cent), while the majority of men engaged in agriculture, forestry, and fishing (35.5 per cent of all men workers), followed by wholesale and retail trade (15.15 per cent), and manufacturing (14.61 per cent). As regards the public sector, the Committee notes that women represented a majority of the civil servants, however they accounted only for 30.29 per cent of civil servants in managerial positions, and 20.93 per cent of civil servants in executive positions. The Committee requests the Government to provide information on the measures adopted under the Twelfth National Economic and Social Development Plan (2017 – 2021) to promote the principle of the Convention and foster greater participation of women in managerial and executive positions, in the public and private sectors, as well as in a wider range of occupations and sectors of activity, and their results. Please also continue to supply statistical information disaggregated by sex on the participation of men and women in different occupations and sectors of activity and their remuneration rates, in the public and private sectors.

Article 4. Cooperation with employers’ and workers’ organizations. In its previous comments, the Committee asked the Government to provide the following information: (1) the number of committees set up in order to follow up the workplace policy and how they ensure and monitor the implementation of the principle of equal remuneration for men and women for work of equal value; (2) how the Labour Welfare Committee as well as the welfare committees at the enterprise level are in practice promoting equal remuneration for men and women for work of equal value; and (3) whether any collective agreements explicitly providing for equal remuneration for men and women for work of equal value have been concluded, and if so please forward copies of such agreements. The Committee notes the Government’s indication that between October 2020 and March 2021 there were 4,289 welfare committees set up in business enterprises. The Government reports that, in general, the welfare committees can promote the principle of the Convention by: raising the issue with employers; making suggestions and providing advice to employers; monitoring the provision of welfare benefits to employees; and raising awareness about the right to equal remuneration for work of equal value. The Committee also notes the Government’s statement that there are no collective agreements covering specifically the question of equal remuneration for men and women for work of equal value. The Committee recalls that the determination of criteria for job evaluation and their weighting are matters on which cooperation between employers and workers is particularly relevant, giving collective bargaining an important place in this context (See General Survey on the fundamental Conventions, 2012, paragraph 705). In addition, Governments should take the necessary steps, in cooperation with the social partners, to ensure that the provisions of collective agreements observe the principle of the Convention (See General Survey 2012, paragraph 681). The Committee requests the Government to provide specific information on the measures adopted in practice by the welfare committees to promote and monitor the application of the principle of the Convention, including information on any initiatives directed at promoting objective job evaluations, and their impact. Please also indicate if any measures have been adopted or envisaged, in cooperation with the social partners, to promote the inclusion of specific clauses on equal remuneration for men and women for work of equal value in collective agreements.

Enforcement. In its previous comments, the Committee asked the Government to provide information on the following points: 1) how training activities undertaken on ILO standards, labour protection and labour law enforcement had contributed to increasing the awareness of labour inspectors on the issue of equal remuneration for work of equal value, and assisted them in better detecting and addressing violations of the principle of the Convention; and 2) the results of labour inspection activities, such as the number of written orders delivered to employers and any proceedings that have followed such delivery under sections 15 and 53 of the Labour Protection Act. The Committee notes that the Government refers to the implementation of various training and awareness-raising activities concerning the principle of the Convention that involved labour inspectors. The Committee also notes the Government’s indication that no violation of the principle of equal remuneration for men and women for work of equal value has been detected by the labour inspectors. The Committee encourages the Government to continue to conduct training and awareness-raising activities for labour inspectors on the principle of the Convention and to provide information about these activities as well as on the number of violations detected, the sanctions imposed and remedies granted under the Labour Protection Act.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1(b) and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. In its previous observation, the Committee noted that section 53 of the Labour Protection Act of 2008, in providing only equal wages in cases where men and women perform work of the same nature, quality and quantity, did not fully reflect the principle of the Convention. It: (1) expressed the hope that the necessary steps would soon be taken to amend it in order to include the principle of equal remuneration for men and women for work of equal value explicitly; (2) requested the Government to report on the progress made in this regard; and (3) asked for information on any further activities undertaken, in cooperation with workers’ and employers’ organizations, to promote the principle of the Convention in the public and the private sectors. The Committee notes with satisfaction that section 53 of the Labour Protection Act was amended in 2019 (B.E. 2562/2019) so as to prescribe that an employer shall set equal rates of wage, overtime pay, holiday pay, and holiday overtime pay for men and women for “work of equal value”. The Committee also notes that, in its report, the Government indicates that under the Homeworkers Protection Act (B.E. 2553/2010) informal workers are recognized as having the right to equal remuneration, irrespective of their sex. The Committee notes that section 16 of the Homeworkers Protection Act prescribes equal remuneration for work “of the same nature and quality and with the same quantity” only, which is narrower than the principle of the Convention. Concerning the activities undertaken in cooperation with the social partners to promote the principle of the Convention in the public and the private sectors, the Committee notes the information provided by the Government on various initiatives, including awareness-raising activities on good labour practices and reach-out activities for businesses. The Committee asks the Government to provide information on the application in practice of section 53 as amended (B.E. 2562/2019) of the Labour Protection Act, including any judicial decisions invoking this provision and any violation detected by the labour inspectors, the sanctions imposed and the remedies granted. The Committee asks the Government to adopt the necessary measures so that section 16 of the Homeworkers Protection Act (B.E. 2553/2010) is aligned in the near future to the amended section 53 of the Labour Protection Act in order to include the principle of equal remuneration for men and women for work of equal value explicitly. The Committee also asks the Government to continue to provide information on the activities undertaken, in cooperation with workers’ and employers’ organizations, to promote the principle of the Convention in the public and the private sectors and to raise awareness about it.

Articles 2 and 3. Determination of remuneration. Objective job evaluation. Public sector. In its previous observation, the Committee urged the Government to indicate the specific measures taken to ensure that job descriptions and the selection of factors for job evaluation are free from gender bias, and more particularly with regard to employees working in the public service who are not public officials. The Committee also requested the Government to provide statistical data, disaggregated by sex, on the distribution and remuneration of men and women in the various groups of the compensation schedule. The Committee notes the Government’s indications that the Remuneration System Manual for Civil Servants, which has been elaborated by the Office of the Civil Service Commission, sets out the factors that must be taken into account when determining remuneration rates for civil servants. Among these factors figures the “value of the work” performed, however the criteria used to determine the value of the work performed are not indicated. The Committee recalls that in order to determine the value of work, the use of appropriate techniques for objective job evaluation, comparing factors such as skills, effort, responsibilities and working conditions, is required (see 2012 General Survey on the fundamental Conventions, paragraph 675). The Committee requests the Government to indicate how the value of the work performed by men and women is determined for the purpose of setting remuneration rates in the public sector and how it is ensured that there is no gender bias in the process, so as to comply fully with the principle of the Convention. The Committee also reiterates its request for statistical data, disaggregated by sex, on the distribution and remuneration of men and women in the various groups of the compensation schedule.

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

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

Articles 2 and 3 of the Convention. Private sector. The Government previously indicated that the Thai Labour Standards (TLS) 8001-2003 state that employers must not engage in or support any discrimination in employment, wage and remuneration payment, labour welfare provision, opportunities for training and development, promotion, termination of employment or retirement. The Committee notes however that again no information has been provided by the Government on compliance with standards related to non-discrimination and remuneration and recalls it previous comments noting the need for appropriate training for employers and employees on the principle of equal remuneration for men and women for work of equal value. With regard to the TLS 8001-2003, the Committee urges the Government to provide information on the practical application of the TLS (8001-2003) standards related to equal remuneration for men and women for work of equal value. Please also indicate whether any activities, including training, have been organized in the private sector, such as to promote job evaluation and to provide a better understanding of the principle of equal remuneration for men and women for work of equal value.

Gender pay gap. The Committee recalls its previous comments which referred to the underrepresentation of female ordinary civil servants at the executive, and occupational gender segregation as a main cause of the gender pay gap. The Committee notes that the Eleventh National Economic and Social Development Plan (2012–16) acknowledges that more opportunities should be given to women for career advancement toward managerial and decision- making positions at both local and national levels in the public and private sectors. The Plan also refers to the need to develop laws and regulations to prevent discrimination against women and to amend legislation to allow the appointment for more women to local and national committees. The Committee asks the Government to provide information on the following:

• (i) the measures taken under the Eleventh National Economic and Social Development Plan to improve women’s access to decision-making and management positions, and their impact on reducing the gender pay gap; and
• (ii) statistical data disaggregated by sex on the participation of men and women in different occupations and sectors of activity in the public and private sectors.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee previously noted that in the private sector, in order to follow up on the application of the labour laws, the adoption of a workplace policy and the implementation of TLS 8001-2003, committees comprised of representatives of employers and employees were set up within the workplace. Noting the absence of additional information on this point, the Committee once again asks the Government to provide information on the following:

• (i) the number of committees set up in order to follow up the workplace policy and how they ensure and monitor the implementation of the principle of equal remuneration for men and women for work of equal value;
• (ii) how the Labour Welfare Committee as well as the welfare committees at the enterprise level are in practice promoting equal remuneration for men and women for work of equal value; and
• (iii) whether any collective agreements explicitly providing for equal remuneration for men and women for work of equal value have been concluded, and if so please forward copies of such agreements.

Enforcement. The Committee recalls the many training activities conducted in respect of ILO Standards, as well as the training to enhance practical skills on labour protection and labour law enforcement. The Committee once again asks the Government to provide specific information on how these training activities have contributed to increasing awareness of labour inspectors on the issue of equal remuneration for work of equal value, and assisted them in better detecting and addressing violations of the principle of the Convention. Please provide additional information concerning labour inspection activities that have occurred such as the number of written orders delivered to employers and any proceedings that have followed these orders delivered under sections 15 and 53 of the Labour protection Act.

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

Article 1 of the Convention. Work of equal value. Legislation. In its previous comments, the Committee noted that section 53 of the Labour Protection Act of 2008, in providing only equal wages in cases where men and women perform work of the same nature, quality and quantity, did not fully reflect the principle of the Convention. The Committee notes the Government’s indication that the Department of Labour Protection and Welfare has set up a working group to revise the Labour Protection Act, which will take into consideration the definitions of the terms “remuneration” and the terms “equal remuneration for men and women for work of equal value”, as provided by the Convention. The Committee hopes that the necessary steps will soon be taken to amend section 53 of the Labour Protection Act of 2008 in order to include the principle of equal remuneration for men and women for work of equal value explicitly, and requests the Government to report on the progress made in this regard. The Committee further requests the Government to provide information on any further activities undertaken, in cooperation with workers’ and employers’ organizations, to promote the principle of the Convention in the public and the private sectors.

Articles 2 and 3. Public sector. The Committee previously noted that the former classification method which divided workers into four occupational clusters (unskilled, semi-skilled, skilled and special skilled employees) had been maintained. The Committee notes with regret that once again no further information has been provided on the manner in which it is ensured that the wage determination mechanisms are free from gender bias. The Committee urges the Government to indicate the specific measures taken to ensure that job descriptions and the selection of factors for job evaluation are free from gender bias, and more particularly with regard to employees working in the public service who are not public officials. The Committee also requests the Government to provide statistical data, disaggregated by sex, on the distribution and remuneration of men and women in the various groups of the compensation schedule.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the observations of the National Congress of Thai Labour (NCTL).

Article 1(a) of the Convention. The Committee notes the Government’s indication that section 15 of the Labour Protection Act (LPA) covers all benefits, welfare and remuneration both in kind and in cash that the employer agreed to pay their employees in the course of employment, though no further details are provided. However, the Committee notes that section 15 of the LPA does not explicitly indicate whether the principle of equal remuneration applies to all additional allowances, paid in cash or in kind. In order to ensure greater clarity and legal certainty, the Committee asks the Government to amend section 53 of the Labour Protection Act so as to ensure that all additional emoluments paid in cash or in kind, are included in the definition of remuneration.

Articles 2 and 3. Government employees. The Committee notes the information provided by the Government concerning the reform of the civil service which has affected the remuneration system for civil service employees. In this regard, the Committee notes that the former classification method which divided workers into four occupational clusters (unskilled, semi-skilled, skilled and special skilled employees), has been maintained. The Committee further notes the Government’s indication that the wage determination mechanisms are free from gender bias. The Committee asks the Government to indicate the specific measures taken to ensure that job descriptions and the selection of factors for job evaluation are free from gender bias, and more particularly with regard to non-civil servants working in the public service. Please also provide disaggregated statistical data on the distribution and remuneration of men and women in the various groups of the compensation schedule.

Private sector. The Committee notes the Government’s indication that the Thai Labour Standards (TSL) 8001-2003 state that employers must not engage in or support any discrimination in employment, wage and remuneration payment, labour welfare provision, opportunities for training and development, promotion, termination of employment or retirement. The Committee further notes that no information on compliance with standards related to non-discrimination and remuneration has been provided. The Committee also notes the observations of the NCTL which indicate that TLS do not concentrate on the principle of equal remuneration of men and women for work of equal value and suggest that appropriate training for employers and employees on the issue should be organized. With regard to the TLS 8001-2003, the Committee asks the Government to provide information on the cases of compliance and non compliance with any standards related to equal remuneration for men and women for work of equal value. Please also indicate whether any activities, including training, have been organized in the private sector, such as to promote job evaluation and to provide a better understanding of the principle of equal remuneration for men and women for work of equal value.

Remuneration gap. The Committee recalls its previous comments which referred to the statistics of 2005 on the employment of ordinary civil servants showing that women continued to be underrepresented at the executive level. The Committee notes the NCTL’s indication that the percentage of female ordinary civil servants at the executive level still remains low. With regard to the persisting occupational segregation, the Committee notes that the Government has adopted several measures in order to promote gender equality in the civil service, such as setting up gender focal points, gender focal point committees and appointing chiefs of gender equality offices in some Ministries and Departments. The Committee notes that the Master Plan on the Promotion of Gender Equality (2007–11), conducted by the Ministry of Labour, aimed inter alia at improving women’s participation with respect to employment and economic issues, in decision-making and management positions and improving the database on the promotion of gender equality. The Committee asks the Government to provide the following information:

• (i) the impact that the measures taken by the Government, such as setting up gender focal points, have had on reducing pay inequalities between men and women;
• (ii) the results obtained after conducting the Master Plan on the Promotion of Gender Equality, and more particularly whether women’s access to decision-making and management positions has increased; and
• (iii) disaggregated statistical data on the participation of men and women in different occupations and sectors of activity in the public and private sectors.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that in the private sector, in order to follow up on the application of the labour laws, the adoption of a workplace policy and the implementation of TLS 8001-2003, committees comprised of representatives of employers and employees are set up within the workplace. The Committee asks the Government to provide information on the following:

• (i) the number of committees set up in order to follow up the workplace policy and how they ensure and monitor the implementation of the principle of equal remuneration for work of equal value;
• (ii) how the Labour Welfare Committee as well as the welfare committees at the enterprise level are in practice promoting equal remuneration for men and women for work of equal value; and
• (iii) whether any collective agreements explicitly providing for equal remuneration for men and women for work of equal value have been concluded, and if so please forward copies of such agreements.

Enforcement. The Committee notes that many training activities have been conducted, such as the Training on the Obligation of the Department of Labour Protection and Welfare in respect of ILO Labour Standards, as well as the training to enhance practical skills on labour protection and labour law enforcement. With respect to the enforcement of sections 15 and 53 of the LPA, the Committee notes the information provided by the Government concerning the role and activities of labour inspectors. The Committee asks the Government to provide specific information on how these training activities have contributed to increasing awareness of labour inspectors on the issue of equal remuneration for work of equal value, and assisted them in better detecting and addressing violations of the principle of the Convention. Please provide additional information concerning labour inspection activities that have occurred such as the number of written orders delivered to employers and any criminal proceedings that have followed these orders delivered under sections 15 and 53 of the LPA.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Article 1(b) of the Convention. Work of equal value. The Committee notes that the Government states in very general terms that sections 15 and 53 of the Labour Protection Act (LPA), protect men and women in conformity with the principle of the Convention. The Committee recalls its previous comments in which it urged the Government to amend section 53 of the LPA in order to ensure that legislation provides for equal remuneration for men and women not only for equal, the same or similar work, but also for different work which is nevertheless of equal value. The Committee notes that the Government has not taken any steps to amend section 53 of the LPA. The Committee recalls that provisions that are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination, because they do not reflect the concept of “work of equal value”. The Committee notes however that the Government plans to conduct a study on the understanding of the principle of the Convention and has taken steps to improve awareness of the concept of “equal remuneration for work of equal value” through publicizing the Committee’s general observation of 2006. The Committee again urges the Government to take the necessary steps to amend section 53 of the LPA in order to include the principle of equal remuneration for men and women for work of equal value explicitly. Please also provide information on the results achieved through the study and the activities undertaken to publicise the principle of the Convention.

The Committee recalls that it raised 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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the observations of the National Congress of Thai Labour (NCTL).

Article 1(a) of the Convention. The Committee notes the Government’s indication that section 15 of the Labour Protection Act (LPA) covers all benefits, welfare and remuneration both in kind and in cash that the employer agreed to pay their employees in the course of employment, though no further details are provided. However, the Committee notes that section 15 of the LPA does not explicitly indicate whether the principle of equal remuneration applies to all additional allowances, paid in cash or in kind. In order to ensure greater clarity and legal certainty, the Committee asks the Government to amend section 53 of the Labour Protection Act so as to ensure that all additional emoluments paid in cash or in kind, are included in the definition of remuneration.

Articles 2 and 3. Government employees. The Committee notes the information provided by the Government concerning the reform of the civil service which has affected the remuneration system for civil service employees. In this regard, the Committee notes that the former classification method which divided workers into four occupational clusters (unskilled, semi-skilled, skilled and special skilled employees), has been maintained. The Committee further notes the Government’s indication that the wage determination mechanisms are free from gender bias. The Committee asks the Government to indicate the specific measures taken to ensure that job descriptions and the selection of factors for job evaluation are free from gender bias, and more particularly with regard to non-civil servants working in the public service. Please also provide disaggregated statistical data on the distribution and remuneration of men and women in the various groups of the compensation schedule.

Private sector. The Committee notes the Government’s indication that the Thai Labour Standards (TSL) 8001-2003 state that employers must not engage in or support any discrimination in employment, wage and remuneration payment, labour welfare provision, opportunities for training and development, promotion, termination of employment or retirement. The Committee further notes that no information on compliance with standards related to non-discrimination and remuneration has been provided. The Committee also notes the observations of the NCTL which indicate that TLS do not concentrate on the principle of equal remuneration of men and women for work of equal value and suggest that appropriate training for employers and employees on the issue should be organized. With regard to the TLS 8001-2003, the Committee asks the Government to provide information on the cases of compliance and non compliance with any standards related to equal remuneration for men and women for work of equal value. Please also indicate whether any activities, including training, have been organized in the private sector, such as to promote job evaluation and to provide a better understanding of the principle of equal remuneration for men and women for work of equal value.

Remuneration gap. The Committee recalls its previous comments which referred to the statistics of 2005 on the employment of ordinary civil servants showing that women continued to be underrepresented at the executive level. The Committee notes the NCTL’s indication that the percentage of female ordinary civil servants at the executive level still remains low. With regard to the persisting occupational segregation, the Committee notes that the Government has adopted several measures in order to promote gender equality in the civil service, such as setting up gender focal points, gender focal point committees and appointing chiefs of gender equality offices in some Ministries and Departments. The Committee notes that the Master Plan on the Promotion of Gender Equality (2007–11), conducted by the Ministry of Labour, aimed inter alia at improving women’s participation with respect to employment and economic issues, in decision-making and management positions and improving the database on the promotion of gender equality. The Committee asks the Government to provide the following information:

• (i) the impact that the measures taken by the Government, such as setting up gender focal points, have had on reducing pay inequalities between men and women;
• (ii) the results obtained after conducting the Master Plan on the Promotion of Gender Equality, and more particularly whether women’s access to decision-making and management positions has increased; and
• (iii) disaggregated statistical data on the participation of men and women in different occupations and sectors of activity in the public and private sectors.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that in the private sector, in order to follow up on the application of the labour laws, the adoption of a workplace policy and the implementation of TLS 8001-2003, committees comprised of representatives of employers and employees are set up within the workplace. The Committee asks the Government to provide information on the following:

• (i) the number of committees set up in order to follow up the workplace policy and how they ensure and monitor the implementation of the principle of equal remuneration for work of equal value;
• (ii) how the Labour Welfare Committee as well as the welfare committees at the enterprise level are in practice promoting equal remuneration for men and women for work of equal value; and
• (iii) whether any collective agreements explicitly providing for equal remuneration for men and women for work of equal value have been concluded, and if so please forward copies of such agreements.

Enforcement. The Committee notes that many training activities have been conducted, such as the Training on the Obligation of the Department of Labour Protection and Welfare in respect of ILO Labour Standards, as well as the training to enhance practical skills on labour protection and labour law enforcement. With respect to the enforcement of sections 15 and 53 of the LPA, the Committee notes the information provided by the Government concerning the role and activities of labour inspectors. The Committee asks the Government to provide specific information on how these training activities have contributed to increasing awareness of labour inspectors on the issue of equal remuneration for work of equal value, and assisted them in better detecting and addressing violations of the principle of the Convention. Please provide additional information concerning labour inspection activities that have occurred such as the number of written orders delivered to employers and any criminal proceedings that have followed these orders delivered under sections 15 and 53 of the LPA.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the comments of the National Congress of Thai Labour (NCTL).

Article 1(b) of the Convention. Work of equal value. The Committee notes that the Government states in very general terms that sections 15 and 53 of the Labour Protection Act (LPA), protect men and women in conformity with the principle of the Convention. The Committee recalls its previous comments in which it urged the Government to amend section 53 of the LPA in order to ensure that legislation provides for equal remuneration for men and women not only for equal, the same or similar work, but also for different work which is nevertheless of equal value. The Committee notes that the Government has not taken any steps to amend section 53 of the LPA. The Committee recalls that provisions that are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination, because they do not reflect the concept of “work of equal value”. The Committee notes however that the Government plans to conduct a study on the understanding of the principle of the Convention and has taken steps to improve awareness of the concept of “equal remuneration for work of equal value” through publicising the Committee’s general observation of 2006. The Committee again urges the Government to take the necessary steps to amend section 53 of the LPA in order to include the principle of equal remuneration for men and women for work of equal value explicitly. Please also provide information on the results achieved through the study and the activities undertaken to publicise the principle of the Convention.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1(a) of the Convention. Definition of remuneration. The Committee recalls its previous comments on section 53 of the Labour Protection Act and the application of the principle to all additional benefits. The Committee notes the Government’s statement that pursuant to section 15 of the Labour Protection Act male and female employees must be treated equally with respect to all aspects of employment conditions, for example employment benefits such as transportation fees and allowances. The Committee notes, however, that section 15 does not further clarify whether the principle of equal remuneration is being applied to all additional allowances, paid in cash or in kind. The Committee, therefore, asks the Government to consider revising section 53 of the Labour Protection Act so as to ensure more explicitly that equal remuneration for men and women is guaranteed with respect to all additional emoluments, paid in cash or in kind, in addition to the basic wage or salary. In the meantime, please provide information on the practical application and enforcement of sections 15 and 53 of the Labour Protection Act by the competent administrative and judicial bodies.

Article 1(b). Work of equal value. In its previous comments the Committee considered that section 53 of the Labour Protection Act, in providing only equal wages in cases where men and women perform work of the same nature, quality and quantity, did not fully reflect the principle of the Convention. The Committee notes the Government’s reply that the Ministry of Labour is giving priority to a system of job appraisals to clarify equal value of different types of work and that the National Wage Committee (NWC) has submitted draft revisions of the Labour Protection Act with regard to the notion of “wage rates”. The proposed revisions provide that the term “wage rate” means “the minimum wage or basic wage rate fixed by job appraisals and all types of wage rates determined by the NWC” and that the term “wage rate fixed by job appraisals” is defined as “wage rates for each type of occupation determined and valued by skills, knowledge, abilities, potential and experience or occupational achievement at various levels”. While the proposed revisions may somehow further help in applying the Convention, the Committee, recalling its general observation of 2006 on this Convention, considers that legal provisions that do not give full expression to the concept of “work of equal value” hinder the progress in eradicating gender-based pay discrimination against women at work. The Committee, therefore, urges the Government to take the necessary steps to amend section 53 of the Labour Protection Act to ensure that the legislation not only provides for equal remuneration for men and women for equal, the same or similar work, but also for equal remuneration in situations where men and women perform different work that is nevertheless of equal value.

Articles 2 and 3. Government employees. Concerning the determination of pay for civil service employees, the Committee notes from the Government’s report that job descriptions are used to categorize permanent employees in four categories of labour. For unskilled and semi-skilled labour, job descriptions are mainly based on physical effort and some skill, while for skilled labour and special skilled labour, advanced skills and experience are added to manual work. The Committee also notes, however, the Government’s statement that the job description is one of the main factors influencing the sex of the person performing the job. The Committee recalls that a job description is an essential element of job evaluation and is based on a systematic examination of jobs to determine the nature of the tasks performed, the skill and effort required and the working conditions associated with a job (see General Survey on equal remuneration, 1986, paragraph 139). Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory. Often skills considered to be “female”, such as manual dexterity and those required in caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see general observation of 2006). The Committee asks the Government to indicate the measures taken to ensure that job descriptions and the selection of factors for job evaluation are free from gender bias. Please also provide an indication of the distribution of men and women in the various groups of the compensation schedule.

Private sector. The Committee notes from the Government’s report that the Department of Labour Protection and Welfare monitors the implementation of the Thai Labour Standard (TLS 8001-2003) and verifies whether wages of men and women are paid equally, whether the employer has announced work rules concerning remuneration and whether a complaints procedure for discrimination has been established. The Committee notes that since 2002, 657 establishments have received the TLS 8001-2003 certificate and that in 2006, 530 establishments were attending the system of labour standard development for renewing the
TLS 8001-2003 certificate. The Committee asks the Government to provide more specific information on the type of measures taken by the employers to promote the principle of equal remuneration for men and women for work of equal value in their enterprise, for instance through the use of objective job evaluation methods, and how the Thai Labour Standard 8001-2003 has helped to reduce inequalities between men and women in remuneration. Please also provide information on the number and nature of cases of non-compliance with the TLS 8001-2003 detected by the Ministry of Labour Protection and Welfare.

Remuneration gap. The Committee notes from the statistics for 2005 on the employment of ordinary civil servants that women continue to be over-represented in the levels from 1 to 7. While their percentage at the executive level increased from 10.55 per cent in 1993 to 21.85 per cent in 2005, the overall percentage of female ordinary civil servants in the executive levels remains low, especially at level 11 where they represent only 12.90 per cent. More than half of the female ordinary civil servants work in the Ministry of Health (58.40 per cent) and they exceed 65 per cent of the total employees in the Ministries of Health, Education, Labour and Finance. The Committee further notes from the statistics for 2006 of the National Statistics Office (NSO) 06 on the position of men and women in the labour market that women represent less than half the workers among legislators and managers, including in the highest income class categories. While they outnumber men in the occupational groupings of professionals, technicians and clerks, they do not necessarily outnumber them in the highest income class categories of these occupations. Where women have entered occupations which are predominately male such as the craft and related trades and the plant and machine operators, they appear to be primarily employed in the lower income class categories. The Committee notes that the Government has set up the Internal Coordinating Centre for Equality between Men and Women and has developed a master plan on the promotion of equality between men and women from 2006 to 2010. The Committee asks the Government to provide the following information in its next report:

(a)   the specific measures taken or envisaged, and the results achieved, to reduce the remuneration gap in the civil service and the private sector through addressing the occupational segregation of women in certain occupations and lower income class categories and their promotion into higher level and higher paid occupations in the private sector; and

(b)    the activities of the Internal Coordinating Centre for Equality between Men and Women to reduce the remuneration gap between men and women and a copy of the master plan on the promotion of equality between men and women, with an indication of the strategies proposed to ensure and promote the principle of the Convention.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the information in the Government’s report regarding the role of the Labour Welfare Committee. It also notes the Government’s indication that as a result of tripartite seminars on equality between men and women, there have been no complaints in collective bargaining related to equality in remuneration or wages. The Committee asks the Government to provide more specific information on how the Labour Welfare Committee as well as the welfare committees at enterprise level are in practice promoting equal remuneration for men and women for work of equal value, and the results achieved. Please also indicate whether the abovementioned seminars have resulted in any collective agreements explicitly providing for the principle of the Convention, and provide copies of such agreements.

Enforcement. The Committee notes that the labour inspection services have not found any cases of non-compliance concerning inequalities in pay. It recalls that the absence of complaints on pay inequalities may result from the lack of knowledge on the rights derived from the Convention among workers as well as law enforcers or difficulties in accessing complaints and dispute resolution mechanisms. The Committee asks the Government to indicate whether any training has been envisaged to raise awareness of the rights of workers or to increase the capacity of labour inspectors and other law enforcers to detect violations of the principle of the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1(a) of the Convention. Definition of remuneration. The Committee recalls its previous comments on section 53 of the Labour Protection Act and the application of the principle to all additional benefits. The Committee notes the Government’s statement that pursuant to section 15 of the Labour Protection Act male and female employees must be treated equally with respect to all aspects of employment conditions, for example employment benefits such as transportation fees and allowances. The Committee notes, however, that section 15 does not further clarify whether the principle of equal remuneration is being applied to all additional allowances, paid in cash or in kind. The Committee, therefore, asks the Government to consider revising section 53 of the Labour Protection Act so as to ensure more explicitly that equal remuneration for men and women is guaranteed with respect to all additional emoluments, paid in cash or in kind, in addition to the basic wage or salary. In the meantime, please provide information on the practical application and enforcement of sections 15 and 53 of the Labour Protection Act by the competent administrative and judicial bodies.

2. Article 1(b). Work of equal value. In its previous comments the Committee considered that section 53 of the Labour Protection Act, in providing only equal wages in cases where men and women perform work of the same nature, quality and quantity, did not fully reflect the principle of the Convention. The Committee notes the Government’s reply that the Ministry of Labour is giving priority to a system of job appraisals to clarify equal value of different types of work and that the National Wage Committee (NWC) has submitted draft revisions of the Labour Protection Act with regard to the notion of “wage rates”. The proposed revisions provide that the term “wage rate” means “the minimum wage or basic wage rate fixed by job appraisals and all types of wage rates determined by the NWC” and that the term “wage rate fixed by job appraisals” is defined as “wage rates for each type of occupation determined and valued by skills, knowledge, abilities, potential and experience or occupational achievement at various levels”. While the proposed revisions may somehow further help in applying the Convention, the Committee, recalling its general observation of 2006 on this Convention, considers that legal provisions that do not give full expression to the concept of “work of equal value” hinder the progress in eradicating gender-based pay discrimination against women at work. The Committee, therefore, urges the Government to take the necessary steps to amend section 53 of the Labour Protection Act to ensure that the legislation not only provides for equal remuneration for men and women for equal, the same or similar work, but also for equal remuneration in situations where men and women perform different work that is nevertheless of equal value.

3. Articles 2 and 3. Government employees. Concerning the determination of pay for civil service employees, the Committee notes from the Government’s report that job descriptions are used to categorize permanent employees in four categories of labour. For unskilled and semi-skilled labour, job descriptions are mainly based on physical effort and some skill, while for skilled labour and special skilled labour, advanced skills and experience are added to manual work. The Committee also notes, however, the Government’s statement that the job description is one of the main factors influencing the sex of the person performing the job. The Committee recalls that a job description is an essential element of job evaluation and is based on a systematic examination of jobs to determine the nature of the tasks performed, the skill and effort required and the working conditions associated with a job (see General Survey on equal remuneration, 1986, paragraph 139). Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory. Often skills considered to be “female”, such as manual dexterity and those required in caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see general observation of 2006). The Committee asks the Government to indicate the measures taken to ensure that job descriptions and the selection of factors for job evaluation are free from gender bias. Please also provide an indication of the distribution of men and women in the various groups of the compensation schedule.

4. Private sector. The Committee notes from the Government’s report that the Department of Labour Protection and Welfare monitors the implementation of the Thai Labour Standard (TLS 8001-2003) and verifies whether wages of men and women are paid equally, whether the employer has announced work rules concerning remuneration and whether a complaints procedure for discrimination has been established. The Committee notes that since 2002, 657 establishments have received the TLS 8001-2003 certificate and that in 2006, 530 establishments were attending the system of labour standard development for renewing the
TLS 8001-2003 certificate. The Committee asks the Government to provide more specific information on the type of measures taken by the employers to promote the principle of equal remuneration for men and women for work of equal value in their enterprise, for instance through the use of objective job evaluation methods, and how the Thai Labour Standard 8001-2003 has helped to reduce inequalities between men and women in remuneration. Please also provide information on the number and nature of cases of non-compliance with the TLS 8001-2003 detected by the Ministry of Labour Protection and Welfare.

5. Remuneration gap. The Committee notes from the statistics for 2005 on the employment of ordinary civil servants that women continue to be over-represented in the levels from 1 to 7. While their percentage at the executive level increased from 10.55 per cent in 1993 to 21.85 per cent in 2005, the overall percentage of female ordinary civil servants in the executive levels remains low, especially at level 11 where they represent only 12.90 per cent. More than half of the female ordinary civil servants work in the Ministry of Health (58.40 per cent) and they exceed 65 per cent of the total employees in the Ministries of Health, Education, Labour and Finance. The Committee further notes from the statistics for 2006 of the National Statistics Office (NSO) 06 on the position of men and women in the labour market that women represent less than half the workers among legislators and managers, including in the highest income class categories. While they outnumber men in the occupational groupings of professionals, technicians and clerks, they do not necessarily outnumber them in the highest income class categories of these occupations. Where women have entered occupations which are predominately male such as the craft and related trades and the plant and machine operators, they appear to be primarily employed in the lower income class categories. The Committee notes that the Government has set up the Internal Coordinating Centre for Equality between Men and Women and has developed a master plan on the promotion of equality between men and women from 2006 to 2010. The Committee asks the Government to provide the following information in its next report:

(a)   the specific measures taken or envisaged, and the results achieved, to reduce the remuneration gap in the civil service and the private sector through addressing the occupational segregation of women in certain occupations and lower income class categories and their promotion into higher level and higher paid occupations in the private sector; and

(b)    the activities of the Internal Coordinating Centre for Equality between Men and Women to reduce the remuneration gap between men and women and a copy of the master plan on the promotion of equality between men and women, with an indication of the strategies proposed to ensure and promote the principle of the Convention.

6. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the information in the Government’s report regarding the role of the Labour Welfare Committee. It also notes the Government’s indication that as a result of tripartite seminars on equality between men and women, there have been no complaints in collective bargaining related to equality in remuneration or wages. The Committee asks the Government to provide more specific information on how the Labour Welfare Committee as well as the welfare committees at enterprise level are in practice promoting equal remuneration for men and women for work of equal value, and the results achieved. Please also indicate whether the abovementioned seminars have resulted in any collective agreements explicitly providing for the principle of the Convention, and provide copies of such agreements.

7. Enforcement. The Committee notes that the labour inspection services have not found any cases of non-compliance concerning inequalities in pay. It recalls that the absence of complaints on pay inequalities may result from the lack of knowledge on the rights derived from the Convention among workers as well as law enforcers or difficulties in accessing complaints and dispute resolution mechanisms. The Committee asks the Government to indicate whether any training has been envisaged to raise awareness of the rights of workers or to increase the capacity of labour inspectors and other law enforcers to detect violations of the principle of the Convention.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1(a) of the Convention. Definition of remuneration. The Committee recalls its previous comments on section 53 of the Labour Protection Act and the application of the principle to all additional benefits. The Committee notes the Government’s statement that pursuant to section 15 of the Labour Protection Act male and female employees must be treated equally with respect to all aspects of employment conditions, for example employment benefits such as transportation fees and allowances. The Committee notes, however, that section 15 does not further clarify whether the principle of equal remuneration is being applied to all additional allowances, paid in cash or in kind. The Committee, therefore, asks the Government to consider revising section 53 of the Labour Protection Act so as to ensure more explicitly that equal remuneration for men and women is guaranteed with respect to all additional emoluments, paid in cash or in kind, in addition to the basic wage or salary. In the meantime, please provide information on the practical application and enforcement of sections 15 and 53 of the Labour Protection Act by the competent administrative and judicial bodies.

2. Article 1(b). Work of equal value. In its previous comments the Committee considered that section 53 of the Labour Protection Act, in providing only equal wages in cases where men and women perform work of the same nature, quality and quantity, did not fully reflect the principle of the Convention. The Committee notes the Government’s reply that the Ministry of Labour is giving priority to a system of job appraisals to clarify equal value of different types of work and that the National Wage Committee (NWC) has submitted draft revisions of the Labour Protection Act with regard to the notion of “wage rates”. The proposed revisions provide that the term “wage rate” means “the minimum wage or basic wage rate fixed by job appraisals and all types of wage rates determined by the NWC” and that the term “wage rate fixed by job appraisals” is defined as “wage rates for each type of occupation determined and valued by skills, knowledge, abilities, potential and experience or occupational achievement at various levels”. While the proposed revisions may somehow further help in applying the Convention, the Committee, recalling its general observation of 2006 on this Convention, considers that legal provisions that do not give full expression to the concept of “work of equal value” hinder the progress in eradicating gender-based pay discrimination against women at work. The Committee, therefore, urges the Government to take the necessary steps to amend section 53 of the Labour Protection Act to ensure that the legislation not only provides for equal remuneration for men and women for equal, the same or similar work, but also for equal remuneration in situations where men and women perform different work that is nevertheless of equal value.

3. Articles 2 and 3. Government employees. Concerning the determination of pay for civil service employees, the Committee notes from the Government’s report that job descriptions are used to categorize permanent employees in four categories of labour. For unskilled and semi-skilled labour, job descriptions are mainly based on physical effort and some skill, while for skilled labour and special skilled labour, advanced skills and experience are added to manual work. The Committee also notes, however, the Government’s statement that the job description is one of the main factors influencing the sex of the person performing the job. The Committee recalls that a job description is an essential element of job evaluation and is based on a systematic examination of jobs to determine the nature of the tasks performed, the skill and effort required and the working conditions associated with a job (see General Survey on equal remuneration, 1986, paragraph 139). Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory. Often skills considered to be “female”, such as manual dexterity and those required in caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see general observation of 2006). The Committee asks the Government to indicate the measures taken to ensure that job descriptions and the selection of factors for job evaluation are free from gender bias. Please also provide an indication of the distribution of men and women in the various groups of the compensation schedule.

4. Private sector. The Committee notes from the Government’s report that the Department of Labour Protection and Welfare monitors the implementation of the Thai Labour Standard (TLS 8001-2003) and verifies whether wages of men and women are paid equally, whether the employer has announced work rules concerning remuneration and whether a complaints procedure for discrimination has been established. The Committee notes that since 2002, 657 establishments have received the TLS 8001-2003 certificate and that in 2006, 530 establishments were attending the system of labour standard development for renewing the TLS 8001-2003 certificate. The Committee asks the Government to provide more specific information on the type of measures taken by the employers to promote the principle of equal remuneration for men and women for work of equal value in their enterprise, for instance through the use of objective job evaluation methods, and how the Thai Labour Standard 8001-2003 has helped to reduce inequalities between men and women in remuneration. Please also provide information on the number and nature of cases of non-compliance with the TLS 8001-2003 detected by the Ministry of Labour Protection and Welfare.

5. Remuneration gap. The Committee notes from the statistics for 2005 on the employment of ordinary civil servants that women continue to be over-represented in the levels from 1 to 7. While their percentage at the executive level increased from 10.55 per cent in 1993 to 21.85 per cent in 2005, the overall percentage of female ordinary civil servants in the executive levels remains low, especially at level 11 where they represent only 12.90 per cent. More than half of the female ordinary civil servants work in the Ministry of Health (58.40 per cent) and they exceed 65 per cent of the total employees in the Ministries of Health, Education, Labour and Finance. The Committee further notes from the statistics for 2006 of the National Statistics Office (NSO) 06 on the position of men and women in the labour market that women represent less than half the workers among legislators and managers, including in the highest income class categories. While they outnumber men in the occupational groupings of professionals, technicians and clerks, they do not necessarily outnumber them in the highest income class categories of these occupations. Where women have entered occupations which are predominately male such as the craft and related trades and the plant and machine operators, they appear to be primarily employed in the lower income class categories. The Committee notes that the Government has set up the Internal Coordinating Centre for Equality between Men and Women and has developed a master plan on the promotion of equality between men and women from 2006 to 2010. The Committee asks the Government to provide the following information in its next report:

(a)   the specific measures taken or envisaged, and the results achieved, to reduce the remuneration gap in the civil service and the private sector through addressing the occupational segregation of women in certain occupations and lower income class categories and their promotion into higher level and higher paid occupations in the private sector; and

(b)   the activities of the Internal Coordinating Centre for Equality between Men and Women to reduce the remuneration gap between men and women and a copy of the master plan on the promotion of equality between men and women, with an indication of the strategies proposed to ensure and promote the principle of the Convention.

6. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the information in the Government’s report regarding the role of the Labour Welfare Committee. It also notes the Government’s indication that as a result of tripartite seminars on equality between men and women, there have been no complaints in collective bargaining related to equality in remuneration or wages. The Committee asks the Government to provide more specific information on how the Labour Welfare Committee as well as the welfare committees at enterprise level are in practice promoting equal remuneration for men and women for work of equal value, and the results achieved. Please also indicate whether the abovementioned seminars have resulted in any collective agreements explicitly providing for the principle of the Convention, and provide copies of such agreements.

7. Enforcement. The Committee notes that the labour inspection services have not found any cases of non-compliance concerning inequalities in pay. It recalls that the absence of complaints on pay inequalities may result from the lack of knowledge on the rights derived from the Convention among workers as well as law enforcers or difficulties in accessing complaints and dispute resolution mechanisms. The Committee asks the Government to indicate whether any training has been envisaged to raise awareness of the rights of workers or to increase the capacity of labour inspectors and other law enforcers to detect violations of the principle of the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report and the attached documentation, as well as the comments made by the National Congress of Thai Labour (NCTL), and the Government’s response thereto.

1. Article 1 of the Convention. Definition of remuneration. The Committee notes that section 53 of the Labour Protection Act requires the employer to fix not only equal wages for men and women, but also equal overtime pay, holiday pay, and holiday overtime pay. However, the Committee points out that the Convention calls for equality in respect of all elements of remuneration as defined in Article 1(a). It therefore asks the Government to indicate how the application of the principle of equal remuneration for work of equal value is ensured in respect of other additional benefits, in cash or in kind, such as bonuses, allowances, food or meals, cloth, accommodation.

2. Work of equal value. As section 53 of the Labour Protection Act only requires equal payments in cases where men and women perform work of the same nature, quality and quantity, but not for work of equal value, as envisaged in the Convention, the Committee had previously encouraged the Government to consider amending this provision. In reply, the Government draws attention to section 15 of the Labour Protection Act, which provides that an employer shall treat male and female employees equally in employment unless the description or nature of work prevents such treatment. The Committee notes that section 15 goes some way in applying the Convention by prescribing that differential treatment has to be related to the description or nature of the work. Nevertheless, the Committee maintains that neither section 53 alone, nor when read in conjunction with section 15, fully reflects the principle of equal remuneration established by the Convention. Section 53 only requires employers to pay equal wages for men and women engaged in the same work, while the Convention also requires equal remuneration to be paid to men and women performing different types of work, which is nevertheless of equal value. While objective criteria such as quality and quantity may be used to determine the level of earnings, it is important that the use of such criteria does not have the effect of impeding the full application of the principle of equal remuneration for men and women for work of equal value. In order to apply this principle, legislation in an increasing number of countries relies on the concept of work of equal value, while criteria such as skills, efforts, responsibility and working conditions are used to determine and compare work value. The Committee reiterates its recommendation to the Government to consider amending section 53 of the Labour Act to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. Please provide information on any measures taken in this regard, including cooperation with employers’ and workers’ organizations.

3. Articles 2 and 3. Civil servants and civil service employees. The Committee thanks the Government for providing detailed information concerning Thailand’s civil service compensation and position classification systems. With regard to the determination of salaries for civil service employees, the Committee notes that their salaries are paid according to a compensation schedule contained in the Ministry of Finance Regulation on Permanent Government Employees B.E. 2537. The Government indicates that the compensation schedule is categorized into four groups according to the nature of the work and the skill level. The Committee asks the Government to provide additional information on the methodology used to establish the four groups referred to and an indication of the distribution of male and female public employees in the various groups and salary levels. Please also provide a copy of Ministry of Finance Regulation on Permanent Government Employees B.E. 2537.

4. Private sector. The Committee notes from the Government’s report that in the private sector the application of the Convention is promoted through collective bargaining agreements. It notes the sample collective agreement supplied by the Government, which applies equally to men and women, but which does not contain specific provisions that would promote equal remuneration for work of equal value. The Committee also notes that the Convention is promoted by the Thai Labour Standard, a corporate social responsibility initiative of the Ministry of Labour, launched in June 2003. This initiative aims at the establishment of management systems in accordance with international labour standards, including Convention No. 100. The Committee asks the Government to provide further information on the Thai Labour Standard initiative, including information on the number of participating employers and the measures taken by them to promote the principle of equal remuneration for men and women for work of equal value, for instance through the use of objective job evaluation methods.

5. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes from the Government’s report that the Ministry of Labour promotes cooperation with employers’ and workers’ organizations to give effect to the Convention, in particular through the National Wage Committee. The views of these organizations were being sought in the legislative process, through seminars and tripartite committees. The Committee asks the Government to continue to provide information on the measures taken to cooperate with employers’ and workers’ organizations with a view to giving effect to the provisions of the Convention. Please indicate whether any tripartite efforts are being made to raise awareness of the meaning and importance of the principle of equal remuneration for work of equal value and to discuss the use of collective bargaining as a tool to promote this principle.

6. Part V of the report form. General appreciation of the Convention’s application. The Committee notes that according to NCTL, men and women generally receive equal pay in jobs remunerated at the minimum wage level, but that women have fewer opportunities to obtain equal remuneration in higher paid positions. The Committee notes that this question involves two issues which need to be addressed: (1) the access of women to better-paying positions without discrimination; and (2) the issue of whether women and men, when being employed in better positions, do in fact receive equal remuneration for work of equal value. The Committee notes from the Government’s report that in the civil service, women outnumber men in levels 1 to 7, while they are under-represented in levels 8 to 11. Further, the Committee notes from the 2004 report submitted by the Government under the Convention on the Elimination of All Forms of Discrimination against Women that a survey conducted in 1998 by the National Statistical Office in respect of private sector enterprises with more than 100 employees showed that men received higher remuneration at all levels of employment (CEDAW/C/THA/4-5, 24 June 2004, paragraph 179). Finally, the Committee notes the Government’s indication that the Ministry of Labour has carried out measures to promote and support female employees to access career opportunities. In order to allow the Committee to continue to assess the Convention’s application, the Government is asked to provide the following information in its next report:

(a)   updated statistical information on the distribution of men and women at the various levels of the civil service;

(b)    up-to-date statistical information compiled by the National Statistical Office regarding the position of men and women in the labour market, including their participation in the various occupations and earning levels;

(c)    additional information on the measures taken to promote equal career opportunities for women in the private and public sectors, including indications as to progress made in this regard; and

(d)   information concerning the specific activities carried out by the labour inspection service to ensure the strict application of minimum wage and equal remuneration provisions of the labour legislation, and the provisions of the Convention. Please indicate whether any cases involving issues relating to equal remuneration for men and women have been addressed by the labour inspection service or the courts.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report and the attached documentation, as well as the comments made by the National Congress of Thai Labour (NCTL), and the Government’s response thereto.

1. Article 1 of the Convention. Definition of remuneration. The Committee notes that section 53 of the Labour Protection Act requires the employer to fix not only equal wages for men and women, but also equal overtime pay, holiday pay, and holiday overtime pay. However, the Committee points out that the Convention calls for equality in respect of all elements of remuneration as defined in Article 1(a). It therefore asks the Government to indicate how the application of the principle of equal remuneration for work of equal value is ensured in respect of other additional benefits, in cash or in kind, such as bonuses, allowances, food or meals, cloth, accommodation.

2. Work of equal value. As section 53 of the Labour Protection Act only requires equal payments in cases where men and women perform work of the same nature, quality and quantity, but not for work of equal value, as envisaged in the Convention, the Committee had previously encouraged the Government to consider amending this provision. In reply, the Government draws attention to section 15 of the Labour Protection Act, which provides that an employer shall treat male and female employees equally in employment unless the description or nature of work prevents such treatment. The Committee notes that section 15 goes some way in applying the Convention by prescribing that differential treatment has to be related to the description or nature of the work. Nevertheless, the Committee maintains that neither section 53 alone, nor when read in conjunction with section 15, fully reflects the principle of equal remuneration established by the Convention. Section 53 only requires employers to pay equal wages for men and women engaged in the same work, while the Convention also requires equal remuneration to be paid to men and women performing different types of work, which is nevertheless of equal value. While objective criteria such as quality and quantity may be used to determine the level of earnings, it is important that the use of such criteria does not have the effect of impeding the full application of the principle of equal remuneration for men and women for work of equal value. In order to apply this principle, legislation in an increasing number of countries relies on the concept of work of equal value, while criteria such as skills, efforts, responsibility and working conditions are used to determine and compare work value. The Committee reiterates its recommendation to the Government to consider amending section 53 of the Labour Act to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. Please provide information on any measures taken in this regard, including cooperation with employers’ and workers’ organizations.

3. Articles 2 and 3. Civil servants and civil service employees. The Committee thanks the Government for providing detailed information concerning Thailand’s civil service compensation and position classification systems. With regard to the determination of salaries for civil service employees, the Committee notes that their salaries are paid according to a compensation schedule contained in the Ministry of Finance Regulation on Permanent Government Employees B.E. 2537. The Government indicates that the compensation schedule is categorized into four groups according to the nature of the work and the skill level. The Committee asks the Government to provide additional information on the methodology used to establish the four groups referred to and an indication of the distribution of male and female public employees in the various groups and salary levels. Please also provide a copy of Ministry of Finance Regulation on Permanent Government Employees B.E. 2537.

4. Private sector. The Committee notes from the Government’s report that in the private sector the application of the Convention is promoted through collective bargaining agreements. It notes the sample collective agreement supplied by the Government, which applies equally to men and women, but which does not contain specific provisions that would promote equal remuneration for work of equal value. The Committee also notes that the Convention is promoted by the Thai Labour Standard, a corporate social responsibility initiative of the Ministry of Labour, launched in June 2003. This initiative aims at the establishment of management systems in accordance with international labour standards, including Convention No. 100. The Committee asks the Government to provide further information on the Thai Labour Standard initiative, including information on the number of participating employers and the measures taken by them to promote the principle of equal remuneration for men and women for work of equal value, for instance through the use of objective job evaluation methods.

5. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes from the Government’s report that the Ministry of Labour promotes cooperation with employers’ and workers’ organizations to give effect to the Convention, in particular through the National Wage Committee. The views of these organizations were being sought in the legislative process, through seminars and tripartite committees. The Committee asks the Government to continue to provide information on the measures taken to cooperate with employers’ and workers’ organizations with a view to giving effect to the provisions of the Convention. Please indicate whether any tripartite efforts are being made to raise awareness of the meaning and importance of the principle of equal remuneration for work of equal value and to discuss the use of collective bargaining as a tool to promote this principle.

6. Part V of the report form. General appreciation of the Convention’s application. The Committee notes that according to NCTL, men and women generally receive equal pay in jobs remunerated at the minimum wage level, but that women have fewer opportunities to obtain equal remuneration in higher paid positions. The Committee notes that this question involves two issues which need to be addressed: (1) the access of women to better-paying positions without discrimination; and (2) the issue of whether women and men, when being employed in better positions, do in fact receive equal remuneration for work of equal value. The Committee notes from the Government’s report that in the civil service, women outnumber men in levels 1 to 7, while they are under-represented in levels 8 to 11. Further, the Committee notes from the 2004 report submitted by the Government under the Convention on the Elimination of All Forms of Discrimination against Women that a survey conducted in 1998 by the National Statistical Office in respect of private sector enterprises with more than 100 employees showed that men received higher remuneration at all levels of employment (CEDAW/C/THA/4-5, 24 June 2004, paragraph 179). Finally, the Committee notes the Government’s indication that the Ministry of Labour has carried out measures to promote and support female employees to access career opportunities. In order to allow the Committee to continue to assess the Convention’s application, the Government is asked to provide the following information in its next report:

(a)  updated statistical information on the distribution of men and women at the various levels of the civil service;

(b)  up-to-date statistical information compiled by the National Statistical Office regarding the position of men and women in the labour market, including their participation in the various occupations and earning levels;

(c)  additional information on the measures taken to promote equal career opportunities for women in the private and public sectors, including indications as to progress made in this regard; and

(d)  information concerning the specific activities carried out by the labour inspection service to ensure the strict application of minimum wage and equal remuneration provisions of the labour legislation, and the provisions of the Convention. Please indicate whether any cases involving issues relating to equal remuneration for men and women have been addressed by the labour inspection service or the courts.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the first report of the Government and the comments of the National Congress of Thai Labour (NCTL) contained in the report.

1. Article 1 of the Convention. The Committee asks the Government to provide information with its next report on how the principle of equal remuneration for work of equal value is ensured with respect not only to wages but also to "any emoluments, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment" and, in particular, how it is guaranteed in relation to the emoluments not included in the definition of wages provided by the Labour Protection Act.

2. The Committee notes that section 53 of the Labour Protection Act, 1998, ensures equal wages in cases where the work is of the same nature and quality and equal quantity. However, the Committee recalls that, under the Convention, equal remuneration shall be established with respect not only to the same or equal work, but for all work of equal value. It therefore encourages the Government to consider amending section 53 so as to give full expression to the principle of the Convention, and to inform the Committee of developments in this regard.

3. The Committee notes that section 4 of the Labour Protection Act restricts the protections of the Act solely to workers in the private sector. The Committee therefore asks the Government to indicate how the principle of equal remuneration for work of equal value is ensured with respect to public sector employees.

4. Article 2 and 3. The Committee notes that the Labour Protection Act provides for the setting of a basic minimum wage rate, as well as minimum wage rates for specific businesses and localities. It asks the Government to provide a copy of the various minimum wage rates and indicate which businesses fall under each of the rates. Also, please provide information regarding the number of female and male workers covered by each minimum wage rate.

5. The Committee notes that the Civil Services Act, 1992, establishes 11 position levels for the civil service on the basis of the complexity of the work entailed. It asks the Government to indicate the number of workers, disaggregated by sex, covered by each position level.

6. The Committee notes that section 13 of the Salaries and Positions Allowances Act, 1995, establishes a National Compensation Committee charged with formulating wage recommendations for various classes of public employees. In this capacity, the National Compensation Committee employs such wage-fixing criteria as the cost of living, private sector compensation and "differences in earnings among officials at different levels in the same or different services". The Committee asks the Government to indicate how the National Compensation Committee applies the principle of the Convention in formulating its wage recommendations, and to provide also statistical data, disaggregated by sex, respecting the number of women and men employed at each of the position levels outlined in the schedule annexed to the Salaries and Positions Allowances Act.

7. Referring to the schedule of posts annexed to the Salaries and Positions Allowances Act, the Committee asks the Government to indicate the methods adopted to promote an objective appraisal of these posts on the basis of the work to be performed.

8. The Committee asks the Government to indicate how the Convention is promoted in the private sector and through collective bargaining agreements, including measures taken to promote objective job appraisals in these areas. Please supply copies of any collective agreements that promote application of the Convention.

9. Article 4. The Committee notes the NCTL’s indication that the application of the Convention is not clear due to a lack of information from the Government. Recalling the obligation of States to secure the cooperation of employers’ and workers’ organizations concerned for the purpose of giving effect to the principle of equal remuneration, the Committee asks the Government to indicate the methods of securing such cooperation, including measures to provide information to the concerned organizations on the application of the Convention.

10. Part III of the report form. The Committee notes from the NCTL’s statement that enforcement of the relevant laws and regulations has been inadequate due to a lack of labour inspectors, and that violations of the minimum wage rules continue to exist, especially in the small enterprise sector. In this regard, the Committee asks the Government to provide information on the measures taken or planned to ensure that the Department of Labour Protection and Welfare effectively enforces the regulations respecting equal remuneration, and the provisions of the Convention.