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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Articles 1 and 2 of the Convention. Assessment of the gender pay gap. The Committee notes that the Government’s report does not contain information on the distribution of men and women in various economic sectors and occupations, their levels of responsibility and their corresponding levels of earnings. The Government indicates that the National Programme for Women’s Development 2011–20, included the goal to narrow the gender pay gap and envisaged measures directed, among others, at comprehensively implementing equal remuneration for men and women workers for work of equal value, and establishing scientific, reasonable, and sound wage distribution system. However, the Government does not provide information on the specific measures adopted and the outcomes achieved. The Committee notes that the National Programme for Women’s Development 2021–2030 has maintained the main objectives of guaranteeing equal remuneration for women and narrowing the gender pay gap, which were included also in the previous phase. It envisages the adoption of strategic measures aimed at: (1) “narrowing the income gap between men and women; (2) comprehensively implementing equal remuneration for men and women workers for work of equal value to guarantee fair income; (3) promoting women’s access to and practice of the essential factors of production such as knowledge, technology, management and data; (4) improving women’s occupational competitiveness; (5) urging employers to formulate and implement equal human resource system for men and women; and (6) smoothing channels of professional development and promotion for women”. The overall responsibility for monitoring and evaluating the implementation of the Programme has been conferred to the Working Committee for Women and Children of the State Council. In addition, the Government informs that the 14th Five-Year Plan for National Economic and Social Development and Long-Range Objectives for 2035, issued in 2021, proposes “to promote equality between men and women and the comprehensive development of women, and to guarantee women’s equal enjoyment of economic rights, eliminate gender discrimination in employment.” The Committee notes, from the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights (UN CESCR) that gender disparities persist, especially in relation to employment, the gender wage gap, and access to education and land tenure (E/C.12/CHN/CO/3, 3 March 2023, paragraph 43). It also notes from the Government’s report to the CESCR that old concepts and stereotypes of gender inequality still exist (E/C.12/CHN/3, 5 August 2020, paragraph 52). The Committee recalls that (1) an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to address fully the continuing remuneration gap between men and women and (2) the collection of appropriate statistics is needed in order to undertake an assessment of the nature and extent of the pay gap (see 2012 General Survey on the fundamental Conventions, paragraph 888). It wishes to emphasize that statistical information is key to monitor and assess the progress made under the various programmes adopted with the aim of narrowing the gender pay gap. The Committee thus again requests the Government to take steps to collect and analyse data on the distribution of men and women in the various sectors of the economy and occupations, their levels of responsibility and corresponding levels of earnings, and to provide such data as soon as they become available. It also requests the Government to provide information on: (i) the specific measures adopted under NationalProgram for the Development of Chinese Women 2021-2030 and the 14th Five-Year Plan for National Economic and Social Development and Long-Range Objectives for 2035 to promote equal remuneration for men and women for work of equal value and the results achieved in reducing the gender pay gap; and (ii) any relevant surveys or studies regarding the application of the principle of the Convention, including information onthe outcome of the research undertaken by the China Enterprise Confederation.

Article 1(a). Application of the principle to all elements of remuneration. The Committee reiterates its request for information on the measures taken or envisaged to ensure that the principle of the Convention is being applied not only to the basic wage but also to any additional allowances, bonuses or subsidies paid directly or indirectly by the employer to the worker, and to ensure that no sex-based discrimination exists in the payment of such additional emoluments.

Articles 2(c) and 4. Collective bargaining and cooperation with workers’ and employers’ organizations. The Government informs that in May 2022 the National Tripartite Mechanism for Coordinating Labour Relations issued the Circular on Launching the Demonstration Activities of Establishing Harmonious Labour Relations in China. The Circular considers guaranteeing employees’ remuneration rights as an important component of harmonious labour relations. Furthermore, the Committee notes that, in its report to the UN Committee on the Elimination of Discrimination against Women, the Government refers to some action taken to facilitate equal opportunities of training and promotion and equal pay and benefits in collective bargaining and collective contracts or the signing of special collective contracts for the protection of the rights and interests of female employees (CEDAW/C/CHN/9, 16 December 2020, paragraph 88). It also indicates that in 2019 the All-China Federation of Trade Unions issued the Guidance Manual on Promoting Gender Equality in the Workplace, which, among other things, provides an analysis and review of real-life cases on equal pay and benefits (ibid.). The Committee requests the Government to indicate how, in practice, the Circular on Launching the Demonstration Activities of Establishing Harmonious Labour Relations promotes the application of the principle of equal remuneration for men and women for work of equal value in collective agreements and to provide information on any such agreement adopted that incorporates the principle of the Convention. The Committee also requests the Government to provide information on the findings included in the Guidance Manual on Promoting Gender Equality in the Workplace and the application of the recommendations put forward therein, in cooperation with the social partners, in so far as the application of the Convention is concerned.

Enforcement and practical application. The Government indicates that, following the 2018 amendment of the “Provisions on Cause of Action for Civil Cases” by the Supreme People’s Court, cases involving labour discrimination, including violations of the principle of the Convention, can be filed before civil courts. Moreover, in February 2019, the Ministry of Human Resources and Social Security, Ministry of Education, Ministry of Justice, National Health Commission, the State-owned Assets Supervision and Administration Commission of the State Council (SASAC), Medical Insurance Bureau, Supreme People’s Court, All-China Federation of Trade Unions and All-China Women’s Federation jointly released the Circular on Further Standardizing Recruitment Practices to Promote the Employment of Women, which provides for the creation of a mechanism to receive complaints about gender discrimination and address them through mediation and dialogue between the concerned parties. In addition, the Government informs that, in January 2020, the All-China Women’s Federation and the Supreme People’s Court jointly issued the Circular on Establishing a Cooperative Mechanism for Jointly Promoting the Protection of the Rights and Interests of Women and Children, which stipulates, among other things, that if government offices and institutions are suspected of being involved in gender discrimination in employment in recruitment the competent bodies can file “public welfare litigation”. Noting the information above, the Committee requests the Government to provide information on any complaint filed involving the application of the principle of the Convention and its outcome, including sanctions imposed and remedies granted. It also reiterates its request for information on: (i) the results of nationwide inspections on wage payments, labour and employment; (ii) the measures taken to ensure that the grid and network management of national labour security supervision provides the labour inspectorate with the capacity to detect and address violations relating to the principle of equal remuneration for men and women for work of equal “value”, and results achieved; (iii) the number and nature of the complaints received by the All-China Women’s Federation, as well as the results of the legal aid provided to these cases; and (iv) any measures taken to collect and analyse information regarding cases involving violations of the principle of the Convention.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Articles 1(b), 2 and 3 of the Convention. Work of equal value. Concept and application. For a number of years now, the Committee has indicated that the principle of “equal pay for equal work” in the Labour Law, the Labour Contract Law as well as the 1994 Notice on the Description of Certain Regulations of Labour Law does not encompass the principle of “work of equal value” set out in Article 1(b) of the Convention. The principle enshrined in the Convention encompasses not only the same work, or work in the same occupation or activity, performed by men and women under the same conditions and specifications, but should also allow for the comparison of work traditionally performed by men (for example, construction work) and women (for example, nursing) that is of an entirely different nature, but which may or may not be of equal value. The Committee also points out that the application of the principle of equal remuneration for work of equal value is not limited to comparisons between men and women in the same establishment or with the same employer (see General Survey of 2012 on the fundamental Conventions, paragraphs 673–697). The Committee notes that section 45 of the Law of the People’s Republic of China on the Protection of Women’s Rights and Interests (2022 Revision, which was adopted on 30 October 2022), reproduces, without changes, the provision included in the earlier version of the Law at article 24, which stipulated that equal pay for equal work shall be applied to men and women alike. Concerning the application of the principle of the Convention, the Committee notes that, in its report, the Government informs that the Ministry of Human Resources and Social Security provides guidance to employers on establishing a salary distribution system in line with the principle of the Convention, without discriminating between workers on the basis of gender. The Government also reiterates that enterprises are entitled to determine the wage levels and their distribution, provided that they comply with relevant laws. The Committee considers that it remains unclear the extent to which the national wage fixing system reflects the principle of equal remuneration for men and women for work of equal value, given that the principle of the Convention is currently understood to cover only “equal”, “the same” or “similar” work and is not fully reflected in relevant legislation. In this regard, the Committee notes from the report of the ILO-UN Women seminar on gender equality and the future of work in China, held in July 2020, that the meaning of “equal pay for work of equal value” has not been understood by the Chinese society including tripartite constituents, the academia, and Chinese women’s organizations (page 31). Furthermore, the Committee notes the absence of information on the implementation of objective job evaluation methods, including in the context of the “job-post wage system”.

The Committee underscores that a clear understanding of the concept of “work of equal value” is essential to ensuring the full application of the Convention and refers the Government to its 2006 general observation on the subject. It recalls that “value”, in the context of the Convention, refers to the worth of a job for the purpose of fixing remuneration. While Article 1 indicates what cannot be considered in determining rates of remuneration, Article 3 presupposes the use of appropriate techniques for objective job evaluation to determine value, comparing factors such as skill, effort, responsibilities and working conditions. Comparing the relative value of jobs in occupations which may involve different types of skills, effort, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize the value of work performed by women and men free from gender bias (see 2012 General Survey on the fundamental Conventions, paragraph 675). The Committee also emphasizes that legal provisions that are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination (see 2012 General Survey on the fundamental Conventions, paragraph 679). In light of the above, the Committee once again urges the Government: (i) to take the necessary steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, so that it covers not only situations where men and women perform the same work, but also encompasses work that is of an entirely different nature and which is nevertheless of equal value, and to provide information on the progress made in this regard; (ii) to take appropriate measures, in cooperation with workers’ and employers’ organizations, to ensure that the national system for wage setting fully reflects the principle of equal remuneration for men and women for work of equal value, and to provide information on the progress made in this regard; and (iii) to provide detailed information on any progress made in implementing objective job evaluation methods in the public and private sectors, including in the context of the “job-post wage system”. It also strongly recommends that the Government makes every effort to promote the public understanding of the principle of the Convention and asks it to provide information on the measures taken in this regard in cooperation with the social partners. The Committee recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

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

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

Articles 1 and 2 of the Convention. Assessment of the gender pay gap. The Committee previously requested the Government to provide data as soon as they become available on the distribution of men and women in various economic sectors and occupations, their levels of responsibility and their corresponding levels of earnings. The Committee notes that the Government’s report does not contain any information in this regard, but that the 2015 ILO publication “Women in the labour market in China” indicates that various studies have pointed to the likelihood of the existence of earnings disparities between men and women. For example, the study indicates that women tend to dominate in the lowest-paying occupations, and that average earnings for business service personnel (half of whom are women) and for professional and technical personnel in the hotel and catering service sector and the health, social securities and social welfare sector (two of the four female-dominated sectors in 2012) lay well below the national average in 2013 (page 16). The study further concluded that differences in educational levels were not sufficient to explain women’s lower earnings and pointed to the effects of discrimination against women in the labour market (page 19). The Committee recalls the Government’s indication that the objectives of the National Programme for Women’s Development 2011–20 would include: (i) further facilitating a higher level of education and vocational training for women; (ii) taking effective measures to promote employment of women in newly emerging industries and trades; and (iii) guiding and enabling rural women to shift their employment to non-agricultural sectors. The Committee also notes from the Government’s report that the China Enterprise Confederation has conducted research on gender equality in human resources policies of Chinese enterprises in 2013–14, which included suggestions relating to the application of the Convention. The All-China Women’s Federation also provided information on initiatives to increase women’s participation in higher-level posts. The Committee urges the Government to take steps to collect and analyse data on the distribution of men and women in the various sectors of the economy and occupations, their levels of responsibility and corresponding levels of earnings, and to provide such data as soon as they become available. The Committee once again requests the Government to indicate the specific measures taken under the National Programme for Women’s Development 2011–20 in addressing the concentration of women in lower-paid jobs and their under-representation in higher-paid sectors or occupations, and the impact thereof. It asks the Government to also provide information on the outcome of the research undertaken by the China Enterprise Confederation, as well as any other surveys or studies being undertaken or envisaged regarding the application of the principle of equal remuneration for men and women for work of equal value, including the findings of such surveys or studies.

Article 1(a). Application of the principle to all elements of remuneration. The Committee urges the Government to provide information on the measures taken or envisaged to ensure that the principle of the Convention is being applied not only to the basic wage but also to any additional allowances, bonuses or subsidies paid directly or indirectly by the employer to the worker, and to ensure that no sex-based discrimination exists in the payment of such additional emoluments.

Article 2. Determination of wages. In its previous comments, the Committee requested the Government to take measures, in cooperation with workers’ and employers’ organizations, to ensure that the national wage fixing system reflects fully the principle of the Convention. The Committee notes the Government’s indication that enterprises themselves determine the wage levels and their distribution in accordance with relevant laws, often combining piece rates and hourly wage rates. Moreover, the Government guides and regulates this process through the promotion of a collective consultation system of enterprise wages and releasing information on wage guidance in the labour market to guarantee equal pay for men and women for equal work. Considering the continued policy of the Government to limit the application of the Convention to equal pay for equal work, the Committee is not in a position to conclude that the described method of wage setting takes into account the principle of equal remuneration for men and women for work of equal “value”. It also remains unclear how it is being ensured that the wage levels for occupations that are predominantly carried out by women are not being undervalued compared to those carried out by men. In this regard, the Committee emphasizes once again that due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates (see 2012 General Survey on fundamental Conventions, paragraph 673). The Committee further notes that pursuant to paragraph 44 of the Decision of the Central Committee of the Communist Party of China on Major Issues concerning Comprehensive In-depth Reform, adopted at the Third Plenary Session of the 18th CPC Central Committee on 16 November 2013, the Party will “… improve the mechanisms of wage determination and regular growth, the systems of minimum wage …”. The Committee asks the Government for more information on how wage guidance is implemented in practice, and continues to urge the Government to take appropriate measures in light of the Decision of the Central Committee of 2013, in cooperation with workers’ and employers’ organizations, to ensure that the national system for wage setting fully reflects the principle of equal remuneration for men and women for work of equal value, and to provide information on the progress made in this regard.

Articles 2(c) and 4. Collective bargaining and cooperation with workers’ and employers’ organizations. The Committee previously noted that the promotion of collective bargaining would be the basis for further reforms regarding methods of wage determination, and that the “Rainbow Project” promoted the practice of equal pay for equal work while expanding the coverage of collective agreements. The Committee notes the Government’s indication that in 2014, the Ministry of Human Resources, the All-China Federation of Trade Unions, the China Enterprise Confederation/China Enterprise Directors Association and the All-China Federation of Industry and Commerce developed a plan to promote the implementation of a collective contract system that prioritizes collective wage negotiations. It notes the Government’s indication that specific policies and measures are being made at the regional level to implement target responsibilities according to this plan. Recalling that “equal pay for equal work” is narrower than the principle of the Convention, the Committee asks the Government to provide further information on how it is ensured that the principle of equal remuneration for men and women for work of equal “value” is fully incorporated into collective agreements, including through measures taken to implement the plan developed by the Government and social partners to promote the implementation of a collective contract system at both national and provincial levels. It also asks the Government to provide information on the specific steps taken to raise awareness among workers and employers and their organizations on the principle of the Convention.

Article 3. Objective job evaluation. In its previous comments, the Committee noted the “job-post wage system”, under which wages are being determined on the basis of perceived skills required, level of responsibility, labour intensity and working conditions specific to each post. The Committee notes that the Government continues to refer to this “job-post wage system”, indicating that women tend to dominate in the lowest-paying occupations and that wage differentials between men and women reflect differences in education, work experience and work performance. As no further information is provided, it remains unclear as to whether the “job-post wage system” referred to by the Government is an objective job evaluation method, with the aim of measuring the relative “value” of jobs with varying content on the basis of the tasks to be performed, regardless of the worker’s actual performance.  The Committee urges the Government to provide detailed information on any progress made in implementing objective job evaluation methods in the public and private sectors, including in the context of the “job-post wage system”.

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

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

Articles 1(b) and 2 of the Convention. Work of equal value. Legislation. In its previous comments, the Committee noted that section 46 of the Labour Law of 1994 and section 11 of the Labour Contract Law 2007 refer to “equal pay for equal work”, which is narrower than the principle of the Convention because it does not encompass the concept of “work of equal value”. The Committee notes the Government’s indication in its report that the Labour Contract Law was revised in December 2012 to regulate the term “equal pay for equal work” and that since 2012 it has adopted regulations implementing this principle. The Committee also notes that the Government understands the term “work for equal value” to mean “equal pay for equal work”, as put forward in the Notice on the Description of Certain Regulations of Labour Law issued by the Ministry of Labour in 1994, which provides that “the employer shall pay the same remuneration to employees who perform the same work, offer the same amount of labour and make the same contribution”. In this respect, the Committee considers that the definition of “equal pay for equal work” in the Labour Law, the Labour Contract Law as well as the 1994 Notice on the Description of Certain Regulations of Labour Law do not sufficiently encompass the principle of “work of equal value” set out in Article 1(b) of the Convention. The Committee emphasizes once again that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison including, but going beyond, equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 673). The Committee urges the Government to take specific steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, so that it covers not only situations where men and women perform the same work but also encompasses work that is of an entirely different nature, which is nevertheless of equal value, and to provide information in this regard.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Assessment of the gender pay gap. The Committee recalls the importance of the collection and analysis of data on the distribution of men and women in the various sectors of the economy and occupations, their levels of responsibility and corresponding levels of earnings, in addressing occupational gender segregation. It notes that no statistical information on remuneration disaggregated by sex has been provided. The Committee also notes the Government’s indication that objectives of the National Programme for Women’s Development 2011–20 will include: (i) further facilitating a higher level of education and vocational training for women; (ii) taking effective measures to promote employment of women in newly emerging industries and trades; and (iii) guiding and enabling rural women to shift their employment to non-agricultural sectors. The Committee asks the Government to take steps to collect and analyse data on the distribution of men and women in the various sectors of the economy and occupations, their levels of responsibility and corresponding levels of earnings, and to provide such data as soon as they become available. The Committee also asks the Government to indicate the specific measures taken under the National Programme for Women’s Development 2011–20 in addressing the concentration of women in lower-paid jobs and their under-representation in higher-paid sectors or occupations, and the impact thereof. Please also provide information on any surveys or studies being undertaken or envisaged regarding the application of the principle of equal remuneration for men and women for work of equal value, including the findings of such surveys or studies.

Article 1(a) of the Convention. Application of the principle to all elements of remuneration. The Committee once again asks the Government to provide information on the measures taken or envisaged to ensure that the principle of the Convention is being applied not only to the basic wage but also to any additional allowances, bonuses or subsidies paid directly or indirectly by the employer to the worker, and to ensure that no sex-based discrimination exists in the payment of such additional emoluments.

Article 2. Determination of wages. The Committee notes the Government’s indication that the labour security administrative departments regularly conduct analyses of various occupations to formulate the wages for different occupations, and guide the enterprises for a reasonable determination of the wage level, and that this process does not take into account the factor of gender. The Committee still considers that the described method of wage setting does not appear to take into account the principle of equal remuneration for men and women for work of equal value, and it is unclear how it is being ensured that the wage levels for occupations that are predominantly carried out by women are not being undervalued compared to those carried out by men. The Committee recalls that due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates (General Survey on fundamental Conventions, 2012, paragraph 673). The Committee therefore asks the Government to take appropriate measures, in cooperation with workers’ and employers’ organizations, to ensure that the national system for wage setting fully reflects the principle of equal remuneration for men and women for work of equal value, and to provide information on the progress made in this regard.

Articles 2(c) and 4. Collective bargaining and cooperation with workers’ and employers’ organizations. The Committee recalls the Government’s indication that the promotion of collective bargaining is one of the main means it uses to assist enterprises in the setting of wages, and will be the basis for further reforms regarding methods for wage determination. The Committee notes the Government’s indication that the Rainbow Project of the Government aimed at implementing collective bargaining between 2010 and 2012, and that the coverage of collective agreements reached over 60 per cent in 2010 and 80 per cent in 2011. The Government also states that the practice of equal pay for equal work is being promoted in the context of the Rainbow Project. The Committee recalls that “equal pay for equal work” is narrower than the principle of the Convention and urges the Government to take measures in the context of the Rainbow Project or otherwise, to raise awareness among workers and employers and their organizations of the principle of equal remuneration for men and women for work of equal value and to promote the inclusion of the principle in collective agreements, and to provide specific information of steps taken in this regard.

Article 3. Objective job evaluation. The Committee recalls the “job-post wage system”, under which wages are being determined on the basis of perceived skills required, level of responsibility, labour intensity and working conditions specific to each post. The Committee notes the Government’s indication concerning the characteristics of the “job-post wage system”, however, the Committee remains unclear as to whether the “job-post wage system” referred to by the Government is an objective job evaluation method, with the aim of measuring the relative value of jobs with varying content on the basis of the tasks to be performed, regardless of the worker’s actual performance. The Committee asks the Government to provide information on any progress made in implementing objective job evaluation methods in the public and private sectors, including in the context of the “job-post wage system”.

Enforcement. The Committee notes the Government’s indication that it has established 3,291 labour and social security inspection organs, with 23,000 full-time inspectors and 25,000 part-time inspectors. No information has been provided concerning statistical data on the number of cases involving violations of the principle of the Convention. The Committee asks the Government to provide information on the specific measures taken, including any training opportunities, to strengthen the capacity of the labour inspectorate to detect and address violations relating to the principle of equal remuneration for men and women for work of equal value, and the results achieved. Please provide information on any measures taken to collect and analyse information regarding cases involving violations of the principle of the Convention.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1(b) of the Convention. Work of equal value. Legislation. The Committee recalls that section 46 of the Labour Law of 1994 and section 11 of the Labour Contract Law of 2007 refer to “equal pay for equal work”, which is narrower than the principle of the Convention, because it does not encompass the concept of “work of equal value”. The Committee notes the Government’s indication that wage regulations, which are not yet in force, will specify equal pay for equal work. The Committee draws the Government’s attention to the importance of the concept of “work of equal value”, which lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value and the promotion of equality, and which should apply to all workers. The concept of “work of equal value” is fundamental to tackling occupational gender segregation in the labour market, with women concentrated in certain sectors, and at specific levels of the occupational hierarchy, because it permits a broad scope of comparison, going beyond equal remuneration for equal work. The concept of “equal value” requires some method of measuring and comparing the relative value of different jobs undertaken on the basis of entirely objective and non-discriminatory criteria, and allows for comparisons between jobs that are of an entirely different nature, but are nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 658, 673 and 695). The Committee asks the Government to take concrete steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, so that it covers not only situations where men and women perform the same work but also encompasses work that is of an entirely different nature, which is nevertheless of equal value and to provide information in this regard.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Assessment of the remuneration gap between men and women. The Committee recalls that the Government previously indicated that it was making efforts to obtain data on average wages disaggregated by sex and occupation so as to better assess the implementation of the Convention. The Committee notes the Government’s statement that there is no difference in remuneration between men and women for the “same job or post” and that therefore no data have been collected on remuneration received respectively by men and women. The Government acknowledges, however, that differences in pay may exist between men and women due to the concentration of women in lower-paid jobs or the fact that certain posts tend to be filled more by men than by women. The Committee recalls that occupational sex segregation is one of the main underlying factors of earnings differences between men and women as it often results in the undervaluing of posts and jobs predominantly or exclusively performed by women in comparison with those of men who are performing different work that may nevertheless be of equal value. The collection and analysis of data on the distribution of men and women in the various sectors of the economy and occupations, their levels of responsibility and corresponding levels of earnings, is therefore essential to determine the nature and extent of the remuneration gap between men and women, and assessing its causes, including occupational segregation. The Committee asks the Government to step up its efforts to collect and analyse data on the distribution of men and women in the various sectors of the economy and occupations, their levels of responsibility and corresponding levels of earnings, and to provide such data, as soon as they become available. Please also provide information on any measures taken to address the concentration of women in lower paid jobs and their under-representation in higher paid sectors or occupations, and the results achieved.

Article 1(a) of the Convention. Application of the principle to all elements of remuneration. The Committee notes that a survey undertaken by the Ministry of Labour and Human Resources in April 2009 on equal pay for equal work in 103 sample enterprises indicates that the most prevalent model of payment was a “fixed monthly post-based wage plus a floating wage” such as “post-based wage plus performance bonus or other allowances or subsidies”. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that the principle of the Convention is being applied not only to the basic wage but also to any additional allowances, bonuses or subsidies paid directly or indirectly by the employer to the worker, and that no sex-based discrimination exists in the payment of such additional emoluments. Please continue to provide information on any surveys being undertaken or envisaged, regarding the application of the principle of equal remuneration for men and women for work of equal value, including the findings of such surveys.

Article 2. Determination of wages. With regard to the method of calculation of indicative wages to be set by enterprises for the different occupations, the Committee notes the Government’s explanation that labour market guidance wage levels are formulated in accordance with the “Notification on the Establishment of the Labor Market Guidance Wage Level System” of 1999, and obtained by observing the actual wages, and not through government instructions. They are classified according to job categories, without taking into account gender considerations; for the same post or job, the same guidance wage level is used for male and female workers. The Committee considers that the described method of indicative wage setting may not take fully into account the principle of equal remuneration for men and women for work of equal value, and it is unclear how it is being ensured that the recommended wage levels for occupations that are predominantly carried out by women are not being undervalued as a result of gender bias. The Committee therefore asks the Government to take appropriate measures, in cooperation with the workers’ and employers’ organizations, to ensure that the national system for indicative wage setting fully takes into account the principle of equal remuneration for men and women for work of equal value, and provide information on the progress made in this regard.

Articles 2(c) and 4. Collective bargaining and cooperation with workers’ and employers’ organizations. The Committee notes from the Government’s report that the promotion of collective bargaining is one of the main means the Government uses to assist enterprises in the setting of wages, and will be the basis for further reforms regarding methods for wage determination. It notes in this regard the launching of the Rainbow Project, which is a tripartite effort, to promote the implementation of collective wage bargaining, as well as the other efforts undertaken by the Government to consult with workers’ and employers’ organizations when formulating wage standards and policies. The Committee asks the Government to provide specific information on the measures taken or envisaged, in the context of the Rainbow Project or otherwise, to raise awareness among workers’ and employers’ representatives negotiating wage agreements of the principle of equal remuneration for men and women for work of equal value and of ways of implementing it in the context of wage agreements, and the results achieved by such measures.

Article 3. Objective job evaluation. The Committee recalls the Government’s previous indication that most enterprises use the “job-post wage system”, under which wages are being determined on the basis of perceived skills required, level of responsibility, labour intensity and working conditions specific to each post. The Committee notes that the Government’s report merely indicates that enterprises are free to choose the “job-post wage system” without giving further information on the extent to which it is being used. Noting further the Government’s explanations regarding “objective job evaluation based on work performance as part of the enterprise’s internal management”, the Committee remains unclear as to whether “the job-post wage system” referred to by the Government is an actual objective job evaluation method, with the objective to measure the relative value of jobs with varying content on the basis of the tasks to be performed, regardless of the worker’s actual performance. Recalling that objective job evaluation is an important means of determining remuneration in accordance with the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to confirm whether the “job-post wage system” is an objective job evaluation method, and to provide information on any measures taken or envisaged to promote the development and use of such methods, including in the context of the “job-post wage system”, and the results achieved.

Enforcement. The Committee notes from the Government’s report that steps have been taken to improve the labour inspection capacity in general, but that further efforts are needed. The Government also indicates that statistical data on the number of cases involving violations of the principle of equal pay for equal work between men and women are not yet available. The Committee encourages the Government in its efforts to improve its labour inspection capacity, and requests the Government to provide information on the specific measures taken to strengthen the capacity of the labour inspectorate to detect and address violations relating to equal remuneration for men and women for work of equal value, and the results achieved. Please provide information on any measures taken to collect and analyse information regarding cases involving violations of the principle of equal pay.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1 and 2 of the Convention. Laws and regulations.  The Committee recalls that section 46 of the Labour Law 1994 provides that the “distribution of wages shall follow the principle of distribution according to work and equal pay for equal work”. The Labour Contract Law, 2007, also provides that, where no collective contract providing specifications regarding remuneration exists, the principle regarding equal pay for equal work should be followed. The Committee takes note of the Government’s reply that the Labour Contract Law, 2007, represents significant progress with respect to the effective protection of the right of workers, including dispatched workers, to equal remuneration for equal work, and as such provides a powerful means to eliminate gender-based discrimination. The Committee recalls its 2006 general observation which emphasizes the crucial importance of the concept of “work of equal value” when applying the Convention. Recalling that the Committee in its 2006 general observation urged governments of countries which have not done so to adopt legislation giving full expression to the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to examine ways and means of reflecting fully the Convention’s principle in the legislation and to provide information on any measures taken or envisaged in this regard.

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

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

The Committee notes the Government’s statement that with the increasing complexity in industrial relations and employment structures it is a challenge to adopt concrete actions to implement the Convention fully and it welcomes the Government’s commitment to strengthen its cooperation and exchanges with the ILO in this regard. In this context, the Committee draws the Government’s attention to the matters set out below.

Assessment of the wage gap between men and women. In its previous comments, the Committee asked the Government to supply statistical data on employment and remuneration disaggregated by sex, sector of activity, occupation and level of responsibility, and on any measures taken or envisaged to ensure the collection of more detailed and reliable statistics on the situation of women in the labour market. In reply, the Government indicates that sex-disaggregated employment data, including data on the educational level, employment status and occupation are available in the China Labour Statistic Yearbook. However, data on wages disaggregated by sex were not yet available. The Government also indicates that it is making efforts to obtain data on average wages disaggregated by sex and occupation so as to better assess the implementation of the Convention. The Committee asks the Government to provide information on the progress made in ensuring the collection and publication of statistical data on the earnings of men and women and to provide such data as soon as available.

Articles 1 and 2. Laws and regulations. The Committee recalls its 2006 general observation which emphasizes the crucial importance of the concept of “work of equal value” when applying the Convention. In this regard, the Committee also recalls that section 46 of the 1994 Labour Law provides that the “distribution of wages shall follow the principle of distribution according to work and equal pay for equal work”. The 2007 Labour Contract Law similarly provides that, where no collective contract providing specifications regarding remuneration exists, the principles regarding equal pay for equal work should be followed.  Recalling that the general observation urged governments of countries which have not done so to adopt legislation giving full expression to the principle of equal remuneration for men and women for work of equal value, and also noting that the Committee on the Elimination of Discrimination against Women, also in 2006, expressed concern about the lack of legal provisions in China guaranteeing equal remuneration for men and women for work of equal value (CEDAW/C/CHN/CO/6, 25 August 2006, paragraph 29), the Committee asks the Government to examine ways and means of reflecting more fully the Convention’s principle in the legislation and to provide information on any measures taken or envisaged in this regard.

The Committee recalls that the Government publishes wage guidelines setting out indicative wages for the different occupations to guide enterprises in determining appropriate rates of remuneration. In its report, the Government notes that the wage guidelines help remove discrimination based on sex since the indicative wages for each occupation apply irrespective of sex. While noting the Government’s explanations, the Committee notes that, in addition to ensuring that indicative wages apply equally to men and women, it is also important to ensure that the recommended wage levels for occupations that are predominantly carried out by women are not undervalued as a result of gender bias. The Committee asks the Government to provide information on how the indicative wages are calculated for the different occupations and by which method it is ensured that the principle of equal remuneration for work of equal value for men and women is taken into account in the setting of indicative wage contained in the wage guidelines.

Collective bargaining. The Committee notes from the Government’s report that the provisions contained in wage agreements agreed between enterprises and workers have the force of law and apply equally to men and women. The Committee encourages the Government, in cooperation with workers’ and employers’ organizations, to undertake promotional measures to raise awareness among workers’ and employers’ representatives negotiating wage agreements of the principle of equal remuneration for men and women for work of equal value and of ways of implementing it in the context of wage agreements. Please provide information on any measures taken or envisaged in this regard.

Article 3. Objective job evaluation. The Committee recalls that the Convention envisages the development and use of objective job evaluation methods as an important means of determining remuneration in accordance with the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee previously noted that according to the Government most enterprises apply the “job-post wage system” in which wages are determined on the basis of perceived skills required, level of responsibility, labour intensity and working conditions specific to each post. The Committee asks the Government to continue to provide information on the extent to which the job-post wage system is being used, as well as any other measures taken or envisaged to promote the development and use of objective job evaluation methods.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes from the Government’s report that labour departments at all levels consult with workers’ and employers’ organizations when formulating wage standards and policies. The Committee asks the Government to continue to provide information on any measures taken or envisaged to seek the cooperation of workers’ and employers’ organizations with a view to giving effect to the Convention, including information on cooperation in addressing the Committee’s present comments. The Committee also reiterates its previous request for information on the results of an investigation into the wage levels of women workers by the All-China Federation of Trade Unions (ACFTU) to which reference had been made previously.

Enforcement. With regard to the enforcement of the principle of equal remuneration for men and women through labour inspection, the Committee notes that by the end of 2006, a total of 3,200 labour inspection agencies had been set up throughout the country with a total of 22,000 full time labour inspectors. The Committee reiterates its request to the Government to provide information on the number and nature of violations relating to equal remuneration for men and women for work of equal value reported.

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

1. Wage gap between men and women. The Committee notes the statistical information provided by the Government showing the yearly average wages for men and women by industry and occupation for 2003. It notes from the data that in every sector of the economy, women earn on average less than men – a pattern which is also observed in the majority of occupational categories. It further notes that, according to a national survey prepared by the All-China Women’s Federation (ACWF), the average income of urban women is roughly 30 per cent lower than their male counterparts, which represents a 7 per cent increase in the pay gap between men and women over the period of a decade. Recalling that the Programme for the Development of Chinese Women (2001–10) includes the objective of ensuring equal pay for women and men and of reducing the salary gap between them, and noting that the Government’s 2005 White Paper on Gender Equality and Women’s Development in China reaffirms the importance of achieving pay equity, the Committee asks the Government to endeavour further study into the direct and indirect causes of wage differentials between men and women and to report on the measures taken or foreseen to reduce the persistent wage gap. The Committee would also appreciate receiving information on the results of the investigation conducted by the All-China Federation of Trade Unions (ACFTU) into the wage levels of women workers in enterprises of varying ownership systems as well as on the impact of the measures taken to address the problems identified by the ACFTU investigation.

2. Wage-setting in private enterprises. The Committee notes the Government’s efforts to proceed to an enterprise-level wage income distribution system where enterprises determine autonomously their own wage levels. The Government indicates that most enterprises presently apply the “job-post wage system”, in which wages are determined on the basis of the perceived skills required, level of responsibility, labour intensity and working conditions specific to each job-post. The Committee notes that the Government’s indicative wage system, which serves as a reference to help enterprises set wage levels, is published according to job categories and that gender is not taken into consideration, nor are jobs performed by women downgraded. The Government further states that it actively promotes collective bargaining at the enterprise level to determine the scope of wage increases (339,000 enterprises have accepted the system of collective wage negotiations). The Committee notes that in the context of this wage-setting reform for private enterprises, the State will limit itself to effecting macroeconomic guidance and adjustments. Consequently, the Committee asks the Government to indicate how it ensures that the wages set by enterprises either independently or through collective bargaining do not undervalue jobs performed by women and are free from sex bias, and to include examples of agreements and the job assessment methodologies used. The Government is also asked to provide information on how it promotes equal remuneration in the negotiation of collective wage-setting agreements. Please also continue to provide information on the setting and use of indicative wages and their impact on equal remuneration between men and women workers.

3. The Committee notes from the Government’s reply to the Committee on Economic, Social and Cultural Rights that under the Programme for the Development of Chinese Women (2001–10), targets have been set to raise the proportion of women in the principal bodies of government at all levels and to increase the number of women holding offices or posts of major importance as well as the percentage of women in management positions (HR/CESCR/NONE/2004/10). Recalling the significant under-representation of women in supervisory positions, the Committee asks the Government to provide information on the progress made towards achieving a greater representation of women in positions of responsibility in the public sector, as such action helps to promote application of the Convention. Please also indicate how the Government intends to promote the increased representation of women in positions of responsibility in privately owned enterprises.

4. Equal opportunity in training and education. The Committee would like to draw the Government’s attention to the fact that inequalities between the wages of men and women workers result from a number of factors including the segregation of women in education and training programmes which tend to lead to lower paying and less career-oriented employment opportunities. In this respect, the Committee asks the Government to indicate any measures taken or planned to promote women’s equal access to the education and training necessary to permit them to compete effectively and obtain higher level and better paid employment.

5. Parts III and IV of the report form. The Government states that no new laws or regulations have been introduced with respect to the enforcement of equal remuneration, nor has the Government received any reports to date regarding the violation of the Convention. Recalling the Government’s indication that advocacy, enforcement and monitoring are the principle measures to promote and ensure the implementation of laws and regulations ensuring equal pay, the Committee asks the Government for information in its next report on the active measures taken to enforce the principle of the Convention and to indicate the number and nature of violations reported, the actions taken as a result, and whether any particular difficulties have been encountered in the practical application of the Convention.

6. Statistics. The Committee notes the ILO workshop held in Beijing in April 2006 with the ACFTU on increasing awareness among trade union leaders on the rationale, strategies and methodologies for collecting and analysing gender-sensitive statistics. The Committee notes that, in the course of the discussions, it was agreed that there was a need to carry out more in-depth gender analysis given that existing research and data collection did not reveal the full differences between men and women on the labour market despite the assessment that vertical and horizontal job segregation existed in all economic sectors (e.g. labour statistics often excluded the management levels and temporary workers as well as participation rates). The Committee asks the Government to continue supplying statistical data on employment and remuneration disaggregated by sex, sector of activity, occupation and level of responsibility. In light of the above discussions, it also asks the Government to indicate what measures it has taken or is considering to ensure the collection of more detailed and reliable statistics on the situation of women in the labour market to better assess the progress made towards equal remuneration between men and women for work of equal value.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and the attached documentation and asks the Government to provide information on the following points.

1. Recalling its previous request to the Government to consider the possibility of undertaking an analysis of the actual situation of women compared to men in terms of their grading and remuneration levels, the Committee notes the labour statistics provided by the Government on the proportion of women in the various economic sectors and occupational groups. It notes, however, that the statistics on wages are not yet disaggregated by sex and occupation. Noting that the China Women Development Programme (2001-10) reiterates the objective of ensuring equal pay for women and men and of reducing the salary gap between men and women, the Committee stresses the importance of creating an appropriate knowledge base about the earnings of women and their position in the labour market in order to design and implement the measures necessary to achieve these objectives through the application of the Convention. The Government is therefore asked to continue to collect and provide statistical information on the income and employment of women, including their earnings in the various economic sectors and occupational groups, as well as data on their earnings in state-owned as compared to private enterprises. For guidance on statistical collection, the Committee refers to its general observation of 1998.

2. From the information provided in the Government’s report, the Committee notes that women are significantly underrepresented in the occupational group "heads of unit". It hopes that the Government will take measures to address promotion of women to supervisory positions, as such action helps to promote application of the Convention, particularly as an increasing number of enterprises move towards function-based remuneration systems.

3. The Committee notes the Experimental Scheme for Mutually Agreed Salary Agreement promulgated by the Ministry of Labour and Social Security on 8 November 2000, which applies to all enterprises in China and sets out the definition, subject and procedures for such agreements. Section 7 of the Scheme lists the subjects to be covered by salary agreement, which includes the remuneration distribution system, bonuses and benefits. The Committee asks for information on how the Government ensures that the remuneration distribution systems are established in accordance with the principle of equal remuneration for work of equal value and that bonuses and benefits are provided to men and women on an equal footing. Noting that the Directive on Implementing Further In-depth Restructuring of Internal Distribution Systems in Enterprises, also promulgated by the Ministry of Labour and Social Security in November 2000, encourages the use of various forms of function-based wages, the Committee asks the Government to provide a copy of this Directive and information on its implementation.

4. Recalling its previous comments concerning the indicative labour market wage levels issued by the Government as a reference for enterprises, the Committee notes that the labour administration authorities regularly gather, assess and process information on wage levels of different professions in various types of enterprises in order to develop a standard wage level for each profession. The Government indicates that pilot projects to establish such wage guidance systems are being carried out in 98 cities with a view to developing a scientifically based and modern labour market. The Committee asks the Government to provide information on the methodology used to ensure that the indicative wages issues are established in accordance with the principle of the Convention, that jobs in which women work are not undervalued and that the process is free from sex bias.

5. With reference to its previous comments concerning the methods used in supervising the application of the provisions on equal pay, the Committee notes from the Government’s report that the Ministry of Labour and Social Security is responsible for implementing laws and regulations ensuring equal pay and that advocacy, enforcement and monitoring are the principle measures taken to promote and ensure their implementation. The Committee asks the Government to provide information on any enforcement actions including the number and nature of violations reported and the actions taken to remedy any discrepancies.

6. The Committee notes the Government’s indications that the trade unions and women’s associations initiated activities to promote the principle of the Convention. The All-China Trade Union conducted investigations on wage levels among women workers in enterprises under different types of ownership in ten cities in five provinces and the problems discovered were reported to the relevant authorities, followed by coordinated efforts with the enterprises concerned to solve them. The Committee asks the Government to provide information on the results of these investigations and on the impact of the measures taken to address the identified problems.

7. Finally, the Committee notes that the Government has requested the ILO to provide technical assistance with respect to the application of the Convention and hopes that the ILO will be in a position to provide such assistance in the near future.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report.

1. With regard to the decentralization of wage fixing, the Committee notes the Government’s statement that most enterprises have now adopted the post and skill wage system, which is a system for determining wages for specific jobs, under which remuneration is established on the basis of an objective appraisal of jobs based on: vocational skills, responsibilities, work intensity and working conditions. It notes that these appraisals have to be carried out jointly by the enterprise specialists and notes that the Government encourages enterprises to determine wage increases for their staff and workers independently through collective consultations. The Committee notes that the Government issues indicative labour market wage levels as a reference for enterprises. In this respect, the Committee reiterates its earlier comments that, since men and women tend to perform different jobs, it is essential to develop a method for objectively measuring the relative value of jobs with varying content in order to effectively eliminate discrimination in the remuneration of men and women workers. In order to determine whether the post and skill wage system in fact permits an objective evaluation of the relative value of the different jobs performed by men and women workers and the elimination of gender-based pay differentials, the Committee asks the Government once again to consider the possibility of undertaking an analysis of the actual situation of women as compared to men, in terms of their grading levels and remuneration and to provide information with its next report on the measures taken in this respect.

2. Recalling that Article 1(a) of the Convention defines remuneration broadly as the ordinary, basic or minimum wage or salary and any additional emoluments, the Committee recalls that in its last request it asked the Government to provide information as to whether the minimum wage includes housing and welfare benefits. The Committee reiterates its request to the Government to provide this information and also provide information on how the principle of equal remuneration is applied in relation to payments covered by the Interim Provisions on the Payment of Wages. In this respect, the Committee notes the Government’s statement that a mew minimum wage has been adopted and that specific standards are to be determined by provincial governments and adjusted once a year.

3. The Committee notes that the Ministry of Labour and Social Security is disseminating information of the legislation about equal remuneration and is monitoring its implementation. In this regard, the Committee asks the Government to provide information with its next report on the number of labour inspections carried out and the methods used in supervising the application of the provisions on equal pay, the number of violations reported and the action taken to remedy any discrepancies.

4. The Committee also recalls that in its previous comments it asked the Government to provide information on the activities carried out in the context of the Programme for the Development of Chinese Women (1995 2000), as well as information on any action taken in cooperation with the social partners to promote the principle of equal remuneration for men and women workers for work of equal value. Noting that the Government has not provided the requested information in this respect, the Committee asks it to provide this information with its next report.

5. The Committee reminds the Government of the need to provide sufficient information to enable it to assess the implementation of the Convention in practice. It therefore reiterates its request to the Government to provide statistical information disaggregated by sex, in accordance with the general observation of 1998 on the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information contained in the Government's report, including the statistical information provided.

1. The figures contained in the Government's report indicate that women constitute 38.7 per cent of the total number of formal sector employees nationwide. Women constitute 36.4 per cent of employees in state-owned units, 44.5 per cent of employees in urban collective-owned units and 47.5 per cent of employees in other ownership units. The figures provided indicate that women predominate in the following sectors: retail (52.3 per cent); restaurants (57.9 per cent); residential services (51.9 per cent); health care (56.9 per cent); hotels (56.4 per cent); and recreational services (50.6 per cent). The Committee notes, however, that the statistical information provided does not permit an evaluation of the application of the Convention, in that it does not reflect the distribution of women at different levels and in different occupations by sector, nor are the average earnings shown for each sector disaggregated by sex. Accordingly, the Government is requested to provide, in its next report, the statistical information (for both the public and private sectors) requested in the general observation on this Convention.

2. The Committee refers to its previous comments on whether there exist measures to ensure non-discrimination on the basis of sex in respect of the wage components, in addition to housing and welfare benefits, which do not form part of the minimum wage. The Government report makes reference to section 3 of the Interim Provisions on Payment of Wages (the "Interim Provisions"), which provides that the term "wages" refers to the remuneration paid to labourers by employing units in various forms according to the provisions of labour contracts. While noting that this definition appears to be sufficiently broad to cover the elements of remuneration set out in the Convention, the Committee requests the Government to indicate how the principle of equal remuneration is applied to the various forms of payments covered by the Interim Provisions.

3. The Government states that China is in the process of decentralizing the wage-fixing practice and that it is examining methods to compare and assess the value of work in different industries and occupations with the goal of eliminating inequality of remuneration, particularly in those occupations that are female-dominated. In this context, the Government indicates that it attaches great importance to the constructive comments of the Committee and that it agrees with the ILO experts' explanation of the concept of "equal remuneration for work of equal value" and "the procedures of objective appraisal of jobs" presented at the Seminar on Equality and Women's Rights in Beijing in 1996. The Government indicates that this information will be of assistance in the implementation of the post and skill wage system, particularly in occupations where women are heavily concentrated. The Committee notes that the post and skill wage system uses a post assessment and an accomplishment assessment in its appraisal of jobs. The post assessment uses the criteria of skill, responsibility, strength and working conditions to classify the labour requirements of different posts. The accomplishment assessment entails an analysis of the skill and vocational levels of workers and the quality and quantity of the labour rendered by the worker. The Government indicates its belief that the post and skill system of wage determination introduced in China on a trial basis in 1992 gives due consideration to the psychological and technical advantages of women.

4. The Committee recalls that, since men and women tend to perform different jobs, it is essential to develop a method for measuring the relative value of jobs with varying content, in order to effectively eliminate discrimination in the remuneration of men and women workers. However, factors and factor weights used in job evaluations may be biased in that they fail to give sufficient consideration to qualities regarded as essentially "feminine." Some of the criteria used in assessing the post, such as strength and working conditions, may unduly favour men, whereas factors present in certain female-dominated occupations, such as care giving and human relations skills, may be undervalued (see General Survey on equal remuneration, ILO, 1986, paragraphs 138-145). In order to determine whether the post and skill wage system in fact permits an objective evaluation of the relative value of the different jobs performed by men and women workers and the elimination of gender-based pay differentials, the Committee again asks the Government to consider the possibility of undertaking an analysis of the actual situation of women as compared to men, in terms of their grading levels and remuneration.

5. The Committee notes the Government's statement that men and women workers receive the same remuneration for the same job and there exists no discrimination against women workers in China. The Committee nevertheless recalls its previous comments that the Government's second report on the implementation of the Nairobi Forward-Looking Strategies for the Advancement of Women (1994) stated that the phenomenon of "equal work with unequal pay still exists in some areas and units" and that the Government's "Programme for the Development of Chinese Women (1995-2000)" targets the implementation of equal pay for equal work for men and women workers in the city and countryside, the Committee would welcome information from the Government regarding activities undertaken under the Programme to promote and secure the principle of the Convention. The Committee would also welcome the inclusion of information in the Government's next report regarding measures to secure and promote equal pay taken in cooperation with employers' and workers' organizations.

6. The Government indicates that there have been no complaints of pay discrimination during the reporting period and that there are therefore no available statistics. The Committee would be grateful if the Government would provide information on the number of labour inspections carried out in employing units with regard to equal pay, the number of violations found, and the action taken.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes the information provided in the Government's report. The Committee also notes with interest that, in response to a request by the Government, the Office held a tripartite seminar on women workers' rights in Beijing in May 1996, which aimed at furthering equality of opportunity and treatment between men and women in all respects, including remuneration.

2. Article 1(a) of the Convention. In its previous comment, the Committee requested information on the measures taken to ensure that the principle of equal remuneration is applied to all payments and benefits granted over and above the minimum wage. (The Committee appreciates that these types of components of the wage package, which are paid either in cash or in kind - including overtime pay, allowances for special working conditions and environments, food subsidies, housing and other fringe benefits - are not to be taken as components of the minimum wage, in accordance with section 17 of the 1993 Regulations concerning minimum wages in enterprises and section 3 of the 1994 Circular on the implementation of the measures for the protection of minimum wages.) The purpose of this question is to determine whether there exist measures to ensure non-discrimination on the basis of sex in respect of those wage components which do not form part of the minimum wage, as it has become apparent that, in some other countries, these additional benefits have been paid or granted in such a way that constitutes discrimination on the basis of sex. In this regard, the Committee has noted that section 23 of the 1992 Act on the Protection of the Rights and Interests of Women provides that women shall be equal with men in the allotment of housing and the enjoyment of welfare benefits. Please indicate, however, whether any other measures have been taken to ensure that discrimination on the basis of sex does not occur with respect to all other types of these payments or benefits made above the minimum wage.

3. Article 1(b). The Committee notes the Government's expressed commitment to ensuring equal pay for men and women undertaking the same job, and its acceptance of the principle of equal remuneration for work of equal value, which is being facilitated by the introduction of the post and skill wage system. The Committee notes that this system, which was introduced on a trial basis in 1992, seeks to establish a basic wage system for industries through an appraisal of labour, which comprises a post assessment and an accomplishment assessment. The post assessment classifies the labour requirements of different posts on the basis of four criteria - skill, responsibility, strength and working conditions. According to the report, "skill" comprises educational level, working experience, and ability required by different posts and positions; "responsibility" measures the level of responsibility for the quality of products and services, quantity, costs and consumption, responsibility for equipment and property, safety and health, production operation and management; "strength" measures the extent of mental and physical exertion, degree of fatigue, working posture and the efficiency of working time; and "working conditions" includes: (i) the level of danger (underground, working in tunnels, high altitude, high speed, under water, maritime work and exposure to flammable and explosive materials); (ii) the level of hazard (exposure to high temperature, radiative heat, low temperatures, dust, noise and other toxic and hazardous materials); and (iii) the degree of physical and mental impairment caused by the natural environment and by different shifts (work on a plateau, an open field, maritime and flight operations, long night and rotating shifts). The assessment of accomplishment involves an analysis of a worker's skill and vocational level and the quality and quantity of labour contributed. The Committee notes that, according to the Government, this system of appraisal (which now covers some 30 million workers) will help to avoid undervaluing the amount of labour contributed in those sectors where the posts are dominated by women workers, thus guaranteeing the implementation of the principle of "to each according to his work". The Government further states that this post and skill wage system is playing the role of an objective appraisal of jobs on the basis of the work to be performed, as required by the Convention, and that it is no longer necessary to compare the different posts of men and women, as suggested by the Committee. While acknowledging that the system, as described, does not involve consideration of the sex of the worker, the Committee recalls that the aim of the Convention is to eliminate wage discrimination for women workers through ensuring equal remuneration for men and women for work of equal value, and an approach which is merely gender-neutral does not address this goal. Some elements, for example, mentioned in the criteria used to evaluate jobs in the post and skill wage system, such as those concerning working conditions, may favour men over women. Moreover, some factors which are more likely to be present in the jobs undertaken by women may not be identified and therefore not valued in such schemes, as is often the case with caring skills and responsibility, human relations skills and manual dexterity. Because the sexes do tend to be segregated in employment, the application of the Convention necessarily involves measures to compare their different work, in terms of the value of their respective jobs. In order to assess whether the wage system is affected by any sex bias, the Committee suggests that the Government examine the possibility of undertaking an analysis of the actual situation of women, in terms of their grading levels and remuneration, as compared to that of men, under the wage systems in operation. The Committee also requests the Government to provide copies of the wage structure determined by this system in a number of industries where women dominate the labour force, together with data on the numbers of women and men employed in different occupations and at different levels.

4. The Committee notes that, in line with section 2 of the 1994 Labour Act and section 2 of the Regulations concerning minimum wages in enterprises, the principle of "equal remuneration for equal work" applies to all workers, including those employed in agriculture, construction, education and health, small and medium-sized enterprises and special economic zones. As concerns measures to ensure the application of those provisions, the Committee notes that, in accordance with sections 85 and 87 of the Labour Act, the labour administrative departments of county-level governments and the relevant departments of governments at the county level or above are obliged to inspect, supervise and enforce the implementation of labour legislation in employing units. In the case of a violation of the legal rights of women and juvenile workers, the employing unit is ordered to correct the situation and to pay a fine. Where a woman's legal rights are infringed, she has the right (under section 48 of the Act on the protection of the rights and interests of women) to request a disposition from the competent department or to bring a lawsuit. Disputes between an enterprise and the workers concerning the implementation of the relevant state wages' policy can be settled by a mediation and arbitration process. The Committee requests the Government to provide, in its next report, statistics on the number of equal pay violations observed by the relevant authorities or alleged by workers.

5. Noting that the Government's second report on the implementation of the Nairobi Forward-Looking Strategies for the Advancement of Women (1994) states that the phenomenon of "equal work with unequal pay still exists in some areas and units" and that the Government's "Programme for the Development of Chinese Women (1995-2000)" highlights as a target the implementation of equal pay for equal work for both sexes in the city and countryside, the Committee hopes that the Government will provide information on any additional measures being taken or contemplated to ensure and promote pay equality, including measures taken in cooperation with the employers' and workers' organizations and the All-China Women's Federation.

6. The Committee notes the terms of the job classification and remuneration tables for government officials, furnished by the Government. It requests the Government to provide an indication of the number of women workers employed in the different grades and classification levels concerned. Please also indicate whether consideration has been given to collecting wage statistics, disaggregated by sex.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes the information contained in the Government's first report on the application of the Convention. The Committee would be grateful if the Government would provide further information on the following matters in its next report.

2. Article 1(a) of the Convention. The Committee notes that there is no general definition of "wages" in the 1994 Labour Act and that it is therefore not clear that all elements of remuneration are included within the concept of wages or remuneration as in this provision of the Convention. The Committee notes the information supplied by the Government to the 81st Session (1994) of the International Labour Conference concerning the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26). It requests the Government to indicate the measures taken to ensure that the principle of equal remuneration is applied to all payments made to workers above the minimum rate, including "any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer".

3. Article 1(b). The Committee notes that the provisions giving expression to the principle of equal remuneration call for "equal pay for equal work" for men and women (article 48 of the Constitution, section 46 of the Labour Act 1994, section 23 of the Act concerning the Protection of Rights and Interests of Women 1992, and sections 8 and 9 of the 1982 Organic Law of the Local Peoples' Congresses and Governments). The formulation used nationally thus appears to be narrower than that set out in the Convention which, in making the "value" of the work the point of comparison, extends the concept of pay equality beyond cases where men and women perform the same or similar work to the more usual situation where they undertake different work. Accordingly, the Committee requests the Government to indicate any measures taken or contemplated to reflect in legislation, the principle of the Convention. The Committee also requests the Government to provide copies of the Organic Law of the Local Peoples' Congresses and Governments, 1982.

4. Article 2. The Committee requests the Government to provide information on the criteria applied to determine the classifications and to fix corresponding wage scales for employees of the central and provincial administrations. Please also supply copies of the categories and wage scales in force in these administrations, together with an indication as to the numbers or percentages of men and women employed in the various categories.

5. The Committee notes from section 85 of the 1994 Labour Act that the labour administrative departments of the county and higher-level peoples' governments are responsible for the supervision and inspection of the labour legislation and regulations. The Committee requests the Government to furnish copies of any regulations adopted pursuant to the 1994 Labour Act (as well as any other relevant regulations or instructions adopted by government departments or by the standing committees of the people's congresses of provinces, autonomous regions and municipalities) and to provide further information on the means and procedures by which an individual or a group of women workers may submit and have determined a claim for equal pay. In addition, it requests information on the specific means by which the authorities responsible for implementing the Labour Act enforce the principle of equal pay, the number of instances of non-compliance with the principle detected or reported, and information on the outcome of those cases.

6. The Committee notes that the Government intends to apply in enterprises, a new system of wages fixed by position and skill. The Committee requests the Government to indicate how the principle of equal pay is assured in respect of workers in receipt of wages determined by enterprises under this newly instituted system. The Committee also requests the Government to furnish copies of the instructions issued to enterprises concerning this method of wage fixing and to provide some examples of the wage classifications and rates set according to this system.

7. Recalling that all workers in the economy are to be afforded the right to equal pay, the Committee requests the Government to provide information on the measures taken to apply the Convention to those workers not yet covered by either minimum wage rates or by this new system of fixing wages. Particular information is sought on the means by which the principle of equal pay is applied to women workers in agriculture, building and construction, education and health, to those working in small and medium-sized enterprises and to those working in special economic zones.

8. Article 3. The Committee has noted the information provided on the pilot programme to introduce the wage-fixing system referred to under Article 2 above. It appears from the report that, under this programme, wages are to be fixed on the basis of evaluations of a worker's quality and quantity of work, in accordance with the principle of distribution according to work, and on the basis of criteria such as level of skill, duties, intensity of work and labour conditions. Moreover, it appears that a special wage weighting will be given to two of these factors, the position held by the worker and the skill brought to the job. The Committee refers to paragraphs 57 to 58 of its 1986 General Survey on Equal Remuneration in which it observes that while the criteria of quantity and quality appear objective, only work of the same kind can be measured comparatively by these standards. Such criteria thus limit the scope of comparison to the performance of substantially identical jobs, whereas the Convention contemplates also the comparison of jobs of a different nature. While appreciating that these standards and criteria have been developed to determine a general wage system, it is not clear how they will also be applied and developed to satisfy the general principle of non-discrimination on the grounds of sex. Accordingly, the Committee requests the Government to consider including in the system, criteria which may make it possible to set wages on the basis of comparisons between the different work of men and women. In this respect, the Committee refers the Government also to paragraphs 150 to 152 of the above-mentioned General Survey. The Committee requests the Government to furnish a copy of the circular issued by the Ministry of Labour concerning the above-mentioned pilot programme.

9. In order to illustrate any progress made in reducing the wage differential, the Committee requests the Government to provide information on any surveys or studies carried out, including statistical data, on the actual wage rates paid to men and women in the economy generally, or in particular regions or sectors of employment. In this regard, the Committee requests the Government to indicate whether consideration has been given to collecting wage statistics disaggregated by sex. The Committee would also be grateful if the Government would provide information on any measures taken by the All-China Women's Federation or other women's federations to ensure and promote the application of the Convention.

10. Article 4. The Committee notes that the new wage system (referred to under Articles 2 and 3 above) - and the appraisal methods applied in respect of that system - are to be adopted in individual enterprises following consultation with the workers' congresses of those enterprises. It also notes that the principle of equality is to be observed in the making or revising of labour contracts, under section 17 of the Labour Act, 1994; and that trade unions and other relevant organizations are given a role in safeguarding women's rights and interests under section 5 of the 1992 Act concerning the Protection of the Rights and Interests of Women. The Committee requests the Government to provide information on the actual methods adopted to cooperate with workers' and employers' organizations in the application of the Convention, with particular emphasis on any positive measures taken to give effect to the principle of equal remuneration.