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

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

Previous comment

Article 2(2)(a) of the Convention. Legislation. Scope of application. Domestic workers. With reference to its observation, the Committee reiterates its request to the Government to take steps to ensure the application of the principle of equal remuneration for men and women for work of equal value with respect to the categories of workers not covered by the Labour Law, including domestic workers, whether nationals or non-nationals, through a legislative framework. In this regard, the Committee requests the Government to provide more information on progress made on the specific legislation referred to in the Government’s previous report, which would protect such workers. The Committee once again requests the Government to supply copies of Royal Decree No. 1201/450 and Sub-Decree No. 34.

Promotion of the principle of equal remuneration for men and women for work of equal value. National Action Plan.Noting the adoption of the Strategic Plan for Gender Equality and Women’s Empowerment (2019-2023) (Rattanak 5), the Committee requests the Government to provide specific information on the measures adopted under such Plan to promote the principle of equal remuneration between men and women for work of equal value and the results achieved, including information on the steps taken to address the underlying causes of the gender pay gap, such as the concentration of women in lower-paying jobs or occupations, and lower-level positions. The Committee also refers the Government to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Article 2(2)(b) Minimum wage. The Committee notes the Government’s reference to the adoption of the Law on Minimum Wage on 7 June 2018, which covers all enterprises or establishments and all persons who fall under the provisions of Labour Law (section 3). It notes that section 8 of the Law states that “[f]or work of equal conditions, professional skill, and output, the wage shall be equal for all workers subject to this law, regardless of their origin, sex, or age”. The Committee also notes that the Law provides for the establishment of a National Minimum Wage Council which issued the Prakas No. 247/22 KP/PRK on setting the minimum wages for workers in the industries of textiles, garments, footwear, travel products and bags for 2023. The Committee recalls that the setting of minimum wages is an important means by which the Convention is applied in practice, in that a minimum wage system helps to raise the earnings of the lowest paid. As women predominate in low-wage employment, the setting of minimum wages has an influence on the relationship between men and women’s wages and on reducing the gender pay gap (see 2012 General Survey, paragraphs 682–683). It therefore welcomes the adoption of a general minimum wage-setting system. Referring to its observation and to the wording used in section 8 of the Law on Minimum Wage, however, the Committee notes that this section does not fully reflect the principle of the Convention, as it limits the notion of “work of equal value” to jobs performed under equal conditions, professional skill, and output, whereas, for example, works performed under different conditions, may still be of equal value. The Committee also recalls that, while factors such as working conditions, skills, responsibilities, and efforts, are clearly relevant in determining the value of the jobs, when examining two jobs the value does not have to be the same with respect to each factor – determining value is about the overall value of the job when all the factors are taken into account together. The Committee requests the Government to consider amending section 8 of the Law on Minimum Wage so as to bring it in line with the principle of the Convention, and to provide information on the progress made in this regard. The Committee also requests the Government to provide information on the practical application of section 8 of the Law as well as on the minimum wages set by the National Minimum Wage Council and the industries covered.

Collective agreements. The Committee requests the Government to provide copies of any collective agreements currently in force providing for equal remuneration for work of equal value.

Awareness raising and enforcement. The Committee again requests the Government to provide specific information on: (i) awareness-raising training provided to both workers’ and employers’ organizations, including copies of the training manual as well as statistical data of outcomes, disaggregated by sex; (ii) labour inspections conducted, the number and type of violations reported or detected, actions taken, and their outcomes; (iii) measures taken to train labour inspectors; and (iv) whether any cases regarding equal remuneration for men and women for work of equal value have been dealt with by the courts or other dispute settlement bodies.

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

Previous comment

Articles 1(a) and 2(2)(a) of the Convention. Definition of remuneration. Legislation. The Committee recalls that the definition of “wage” set out in section 103 of the Labour Law of 1997 excludes healthcare, legal family allowance, travel expenses and benefits granted exclusively to help the worker do his or her job, and thus is narrower than the definition of remuneration under the Convention. Noting that the Government’s report does not contain information in response to its previous request, the Committee asks the Government to take steps to amend the Labour Law in order to bring the definition of “wage” in line with Article 1(a) of the Convention for the purpose of applying the principle of equal remuneration for men and women for work of equal value, and to provide information on any progress made in this regard.

Articles 1(b) and 2(2)(a). Equal remuneration for work of equal value. Legislation. The Committee recalls that section 106 of the Labour Law provides for equal wages for workers for “work of equal conditions, professional skill and output ... regardless of their […] sex […]”, which is narrower than the principle of equal remuneration for men and women for work of equal value set out in the Convention. The Committee emphasizes that the concept of “work of equal value” 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 overall. It further draws the Government’s attention to the fact that “work of equal value” for men and women can: (1) be performed under different working conditions; (2) require different professional skills; (3) require different levels of effort; and (4) involve different responsibilities. When determining the value of different jobs, the value does not have to be the same with respect to each factor taken into consideration. Determining the value is about the overall value of the job when all the factors are taken into account together. While factors such as “conditions” and “professional skill” mentioned in section 106 of the Labour Law are clearly relevant in determining the value of jobs for the purpose of equal remuneration, they do not have to be “equal” and may not be sufficient by themselves to assess the overall value of jobs. In addition, the Committee observes that the criteria of “output” relates more to the performance appraisal of the individual worker which is different from the objective job evaluation. In this regard, the Committee stresses the importance of assessing the “value” – that is, namely the worth of a job for the purpose of determining remuneration – through objective job evaluation, which is used to establish classification of jobs and the corresponding salary scales without gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skills, efforts, responsibilities and working conditions. It also makes it clear that differential rates between workers are compatible with the principle of the Convention if they correspond, without regard to sex, to differences determined by such evaluation. Noting that, once again, the Government’s report does not contain information in response to its previous request, the Committee urges the Government to: (i) take the necessary measures to ensure that the principle of equal remuneration for men and women for work of equal value is duly reflected in the Labour Law; and (ii) ensure that the determination of work of equal value is based on objective job evaluation, using objective criteria such as qualifications and skills, responsibilities, efforts and working conditions. It asks the Government to provide specific information on the steps taken in this regard.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 2 of the Convention. National Action Plan. The Committee notes the Government’s indication of the outcomes achieved through the Strategic Plan for Gender Equality 2009–13 (Neary Rattanak III), in particular, the mainstreaming of gender in laws and policies for education and vocational training, the establishment of Women’s Development Centres that have provided vocational training to 13,102 women in 13 provinces and the establishment of the Cambodian Women Entrepreneurs’ Association. It notes, however, that as of 2011 the percentage of women engaged in vulnerable employment was 72.8 per cent, which is higher than that of men, at 64.1 per cent. It also notes that 35.1 per cent of women engaged in low-wage work versus 28.6 per cent of men in 2009. The Committee notes that the Strategic Plan of Gender Equality 2014–18 (Neary Rattanak IV) is currently being implemented, and that its strategic objective is women’s economic empowerment. It also notes the statement of the Government according to which low levels of education and literacy constitute one of the main barriers to women’s participation in the labour market and access to better-paid work, hence its efforts to promote women in the economy through strengthening vocational training programmes in order to equip them with the technical and entrepreneurial skills needed for their empowerment. The Committee requests the Government to provide information on the practical application of the Strategic Plan for Gender Equality 2014–18, in so far as it has an impact on promoting equal remuneration for men and women for work of equal value and on the vocational training provided by the Women’s Development Centres – including sample materials and statistics of outcomes disaggregated by sex. The Committee requests the Government to provide information on any other policies promoting the principle of the Convention. Noting that, despite all the efforts of the Government, the percentage of women workers engaged in lower-paying jobs or occupations and lower-level positions is still much higher than men. The Committee requests the Government to indicate measures taken or envisaged to address the underlying causes of pay inequality and help reduce the gender pay gap, such as the establishment of centralized minimum standards, narrow pay dispersion, transparency of pay and promotion structure (see General Survey on the fundamental Conventions, 2012, paragraph 712). The Committee requests the Government to provide information on any specific measures taken or envisaged and on any mechanisms established to promote equality in education and vocational training, to combat illiteracy and to enable girls and women to have access to more diverse training and a broader range of jobs, including those traditionally held by men.

Scope of application. Domestic workers. The Committee recalls its previous comments asking the Government to indicate how the principle of equal remuneration for men and women for work of equal value is ensured with respect to categories of workers excluded from the Labour Law, such as domestic workers. The Committee notes the Government’s indication that section 36 of the Cambodian Constitution provides that Khmer citizens of either sex shall receive equal pay for equal work, and that while the Labour Law does not govern domestic workers, the principle of the Convention is protected through existing schemes. The Committee also notes the Government’s indication that neither labour inspectors nor the Labour Arbitration Council have received any complaints regarding equal remuneration between men and women. The Committee notes that copies of Royal Decree No. 1201/450 and sub-Decree No. 34 have not been attached, despite being mentioned in the Government’s report, and recalls the Government’s indication in its previous report that categories of workers who are excluded from the Labour Law are to be covered by special legislation, some of which has not been drafted yet. The Committee emphasizes again that no provision in the Convention limits its scope as regards individuals or branches of activity and that the principle of equal remuneration for work of equal value is to apply to domestic workers, whether nationals or non-nationals, and particular attention should be given to ensuring that domestic work is not undervalued due to gender stereotypes (see General Survey on the fundamental Conventions, 2012, paragraphs 658 and 707). It also recalls that the enumerated means of applying the Convention under Article 2 are, among others, national laws or regulations, wage determination machinery, collective agreements, or a combination of these means (see General Survey on the fundamental Conventions, 2012, paragraph 659). The Committee wishes to point out that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, a lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals rather than an absence of gender-based pay discrimination (see General Survey on the fundamental Conventions, 2012, paragraph 870). In this regard, the Committee reiterates its request to the Government to take steps to ensure the application of the principle of equal remuneration for men and women for work of equal value with respect to the categories of workers excluded from the Labour Law, including domestic workers, whether nationals or non-nationals, through a legislative framework that functions to implement the principle of the Convention which is enshrined in the Constitution but for the sole benefit of Khmer citizens. In this regard, the Committee requests the Government to provide more information on progress made on the specific legislation referred in the Government’s previous report, which would protect workers excluded from the Labour Law. The Committee once again requests the Government to supply copies of Royal Decree No. 1201/450 and sub-Decree No. 34.

Minimum wage. The Committee recalls the national minimum wages set in the footwear and garment industries. Regarding minimum wages for other industries, the Committee notes the Government’s indication that in light of the large number of low-skilled labourers entering the job market each year, a national minimum wage would be a barrier against the creation of job opportunities by hindering the growth of small and medium-sized enterprises (SMEs) and the Government’s ability to attract foreign direct investment. In that regard, the Committee recalls that, although not expressly required under the Convention, the setting of minimum wages is an important means by which it is applied in practice. In this regard, the Committee wishes to underline that minimum wages should be set at a level that takes account of both the needs of workers and their families as well as economic factors and that the desired balance is not always easy to achieve (see General Survey on minimum wage systems, 2014, paragraph 284). It also recalls that, while the Convention is flexible regarding the measures to be used and the timing in achieving its objective, it allows no compromise in the objective to be pursued, and where the State is in a position to intervene in the wage-fixing process, it is obliged to ensure the application of the principle of the Convention, and must do so by taking vigorous, proactive measures and act in good faith. The Committee recalls that reducing the gender pay gap is an important objective of the Convention, and that a uniform national minimum wage system helps to raise the earnings of the lowest paid, most of whom are women, and thus it has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (see General Survey on the fundamental Conventions, 2012, paragraphs 670 and 683). Noting the technical assistance provided by the Office on the recent valorization of the minimum wage in the country, the Committee invites the Government to continue seeking ILO technical assistance on the operation of the minimum wage fixing machinery, including as regards coverage, level and compliance. In this context, the Committee requests the Government to examine the possibility of setting minimum wages for industries other than the footwear and garment industries, in a manner that complies with the principle of equal pay for men and women for work of equal value, or setting a uniform minimum wage, and to report on any progress made. In the meantime, the Committee requests the Government to take all necessary measures to ensure that the principle of equal remuneration for men and women for work of equal value is effectively applied in practice, covering all industries and occupations, and to report in detail on the progress made.

Collective agreements. The Committee notes that the previously requested copy of the collective agreement at Golden Gain Shoe Company Ltd is not attached to the Government’s report. The Committee repeats its request to the Government to provide copies of collective agreements currently in force that provide for equal remuneration for work of equal value, including that governing Golden Gain Shoe Company Ltd.

Article 3. Objective job evaluation. The Committee notes the Government’s citation of the decision made by the Arbitration Council, which states “The employer has the right to manage and direct the Company and manage human resources as long as the management is in accordance with the law and is reasonable.” It notes the Government’s indication that this decision, in conjunction with article 2(2) of the Labour Law, gives employers the right to set up their own staff performance evaluation procedures so long as it is appropriate and does not discriminate against prohibited grounds. The Committee also notes the Government’s indication that workers have rarely submitted complaints to authorities regarding “subjective” job evaluation methods used by employers. Finally, the Committee notes the Government’s invitation to the ILO to provide technical assistance to develop objective job evaluation methods that will subsequently be modelled by enterprises and establishments. While staff performance evaluation procedures are not discriminatory in themselves as a basis for wage differentiation, the Committee considers that they must be applied in good faith (particularly productivity bonuses and incentives), as historical experience shows that they can be taken as a pretext for paying women lower wages than men. Noting that there seem to exist rare cases of complaints against employers alleging that they have implemented subjective job evaluation, the Committee requests the Government to provide information on the cases in question and particularly on the decision taken by the Arbitration Council. The Committee recalls that the principles of the Convention clearly apply to the public sector, and in light of the fact that the Government’s wage policy has a strong influence on the private sector, the Government has an important role in setting an example in pursuing a policy that can serve as a pattern (see General Survey on the fundamental Conventions, 2012, paragraph 666). The Committee therefore invites the Government, along with employers’ and workers’ organizations, to engage in a dialogue with the ILO to develop and promote objective job evaluation methods in the public sector, which might ultimately be applied to the private sector as well.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that trade unions have matured due to training provided by the ILO, the Community Legal Education Centre, and the Arbitration Council Foundation. It also notes the Government’s indication that human resources development is a priority of the Ministry of Labour and Vocational Training under the Strategic Plan 2014–18, and that capacity building for labour inspectors regarding the labour inspection mechanism and labour dispute conciliation is ongoing. The Committee notes that the Government’s report does not provide information on eventual complaints alleging the violation of the principle of equal remuneration filed with the relevant authorities. The Committee recalls that in order to assess the effective application of the Convention, governments are requested to provide detailed information on labour inspections conducted, the number and type of violations reported or detected, action taken and the outcome thereof, and to implement adequate training programmes (see General Survey on the fundamental Conventions, 2012, paragraphs 874–875). The Committee requests the Government to provide specific information regarding awareness-raising training provided to both workers’ and employers’ organizations, including copies of the training manual as well as statistical data of outcomes disaggregated by sex. The Committee requests the Government to provide detailed information on labour inspections conducted, the number and type of violations reported or detected, actions taken, and their outcomes. It also requests the Government to continue to provide information on measures taken to train labour inspectors, including the implementation outcomes of the Strategic Plan for Labour and Vocational Training 2014–18. Finally, it requests the Government to continue to provide information on whether any cases regarding equal remuneration for men and women for work of equal value have been dealt with by the courts or other dispute settlement bodies.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1(a) of the Convention. Definition of remuneration. In its previous comments, the Committee noted that the definition of “wage” set out in section 103 of the Labour Law of 1997 excludes health care, legal family allowance, travel expenses and benefits granted exclusively to help the worker do his or her job, and thus is narrower than the definition of remuneration under the Convention. The Committee had also noted previously the Government’s indication that Notification No. 230/2012 of the Ministry of Labour and Vocational Training provides for more benefits for workers in garment and footwear industries, including transportation and accommodation allowances. The Government also stated that it was not considering amending the Labour Law. The Committee notes that the Government’s report does not contain information in reply to its previous comments. It recalls that the purpose of the broad definition of “remuneration”, in particular the reference to “any additional emoluments whatsoever”, enshrined in Article 1(a) of the Convention is to capture all elements that a worker may receive for his or her work including additional allowance paid in kind (see General Survey on the fundamental Conventions, 2012, paragraphs 686, 690–691). The Committee requests the Government to indicate how the principle of equal pay for work of equal value enshrined in the Convention is applied in practice. It encourages the Government to take steps to amend the Labour Law in order to bring it in line with Article 1(a) of the Convention and report on any progress made in this regard.

Article 1(b). Work of equal value. The Committee recalls that section 106 of the Labour Law provides for equal wages for workers for “work of equal conditions, professional skill and output ... regardless of their origin, sex or age”, which is narrower than the principle set out in the Convention. It also recalls that the concept of “work of equal value” under the Convention not only encompasses equal remuneration for workers who work under equal conditions, professional skill and output, but also allows for the comparison of jobs that are of an entirely different nature, but which are nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraph 677). The Committee notes that, once again, the Government’s report does not contain information in this respect. Recalling the importance of giving full legislative expression to the concept of “work of equal value”, in order to address effectively direct or indirect pay discrimination that results from the undervaluing of work performed predominantly or exclusively by women, the Committee once again urges the Government to take steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. It hopes that progress will be made in the near future, and requests the Government to provide specific information on the concrete steps taken 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)

Development in policies. The Committee notes that the five-year Strategic Plan for Gender Equality 2009–13 was adopted in September 2009, and that the priority areas include: (i) expansion of employment and business opportunities for women; (ii) education of women and girls at all levels; and (iii) equal representation of women in politics and public decision-making, including the improved representation of women in the civil service at all levels including in senior positions. The Committee also notes the Government’s indication that a gender mainstreaming action plan has been implemented in the ministries. The Committee asks the Government to provide information on the practical application of the Strategic Plan for Gender Equality 2009–13, and the impact of this Strategic Plan on promoting equal remuneration for men and women for work of equal value. Please also supply information on any other policies promoting the principle of the Convention.

Gender pay gap. The Committee notes the Government’s indication that no concrete measures have been taken to address the gender pay gap, and that there has been no national survey on the earnings of men and women disaggregated by sex and economic activity and occupation. The Committee asks the Government to take steps to address the gender pay gap, including in the context of its Strategic Plan for Gender Equality, and to provide information on any progress made in reducing the persistent gender pay gap. Recalling the importance of statistics to allow an adequate assessment of the nature and extent of the remuneration gap between men and women, as well as to monitor progress with regard to promoting and ensuring respect for the principle of equal remuneration, the Committee hopes that the Government will take steps to collect and analyse statistical information on the earnings of men and women disaggregated by sex, economic activity and occupation both in the public and private sectors, and asks it to provide information on steps taken in this regard.

Article 2 of the Convention. Application of the principle. The Committee recalls its previous comments asking the Government to indicate how the principle of equal remuneration for work of equal value is ensured with respect to the categories of workers excluded from the Labour Law. The Committee recalls that the principle of equal remuneration for work of equal value is to apply to domestic workers, whether nationals or non-nationals, and particular attention should be given to ensuring that domestic work is not undervalued due to gender stereotypes (General Survey on the fundamental Conventions, 2012, paragraph 707). The Committee notes the Government’s indication that the categories of workers who are excluded from the Labour Law are to be covered by special legislation, but that such legislation has not yet been drafted. The Committee asks the Government to take steps to ensure the application of the principle of equal remuneration for work of equal value with respect to the categories of workers excluded from the Labour Law, including domestic workers, whether nationals or non-nationals. Noting that the documents were not attached to the Government’s report, the Committee once again asks the Government to supply copies of Royal Decree No. 1201/450 and Sub-decree No. 34.

Minimum wages. The Committee recalls the Government’s explanation that a minimum wage was set for the footwear and garment industries, and that the minimum wage was established without distinction among professions or jobs. The Committee also recalls the Government’s indication that in the garment and footwear industries, the minimum wage was amended in 2011 (Notification No. 049/10), and for civil servants the basic salary has been increased by approximately 20 per cent every year. The Committee notes the Government’s indication that it cannot set minimum wages for industries other than the footwear and garment industries. Given the difficulties in setting further sector-level minimum wages, the Committee draws the Government’s attention to the fact that a uniform national minimum wage system helps to raise the earnings of the lowest paid, most of whom are women, and thus it has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (General Survey, 2012, paragraph 683). The Committee asks the Government to consider setting minimum wages for industries other than the footwear and garment industries, or setting a uniform minimum wage, as well as to provide copies of the Prakas (ministerial orders) once they are adopted. It also asks the Government to indicate how it is ensured in the minimum wage fixing process that rates for female-dominated occupations are not set below the level of rates for male-dominated occupations involving work of equal value. Please also provide copies of Notification by the Ministry of Labour and Vocational Training No. 049/10 of 9 July 2010, Sub-decree No. 167 of 24 December 2010 on the improvement of the basic salary of civil servants, and the Labour Advisory Committee’s statement on livelihood support for workers in the footwear and garment industries of 7 March 2011, none of which were attached to the Government’s report.

Collective agreements. The Committee notes that a copy of the collective agreement at Golden Gain Shoe Company Ltd was not attached to the Government’s report. Please provide copies of collective agreements currently in force that provide for equal remuneration for work of equal value.

Article 3. Objective job evaluation. The Committee notes that the Government repeats that it has not attempted to conduct objective job evaluation. The Committee recalls that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. For the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective (General Survey, 2012, paragraphs 695 and 700). The Committee asks the Government, with the cooperation of employers’ and workers’ organizations, to take steps towards the development and promotion of objective job evaluation methods, and to consider seeking ILO technical assistance in this regard.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that no case concerning the principle under the Convention has been dealt with by the labour inspectors, the courts or other dispute settlement bodies. It recalls that, where no cases or complaints are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (General Survey, ibid., paragraph 870). The Committee notes the Government’s indication that in 2004, the Government provided awareness-raising training on the rights of workers at 50–60 factories. The Government adds that from 2011–12, three capacity-building workshops for labour inspectors were held at a ministerial level in all 24 city-provinces, with the support of the ILO and the World Bank. The Committee asks the Government to intensify its efforts to provide training to raise awareness of the rights of workers and to increase the capacity of labour inspectors and others responsible for monitoring and enforcement to detect and address violations of the principle of the Convention. The Committee also asks the Government to continue to provide information on whether any cases regarding equal remuneration for men and women for work of equal value have been dealt with by the labour inspectors, the courts or other dispute settlement bodies.

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

Article 1(a) of the Convention. Definition of remuneration. In its previous comments, the Committee noted that the definition of “wage” set out in section 103 of the Labour Law of 1997 excludes health care, legal family allowance, travel expenses and benefits granted exclusively to help the worker do his or her job, and thus is narrower than the definition of remuneration under the Convention. The Committee notes the Government’s indication that Notification No. 230/2012 of the Ministry of Labour and Vocational Training provides for more benefits for workers in garment and footwear industries, including transportation and accommodation allowances. The Government states that it is not considering amending the Labour Law. The Committee recalls that the purpose of the broad definition of “remuneration”, in particular the reference to “any additional emoluments whatsoever”, enshrined in Article 1(a) of the Convention is to capture all elements that a worker may receive for his or her work including additional allowance paid in kind (see General Survey on fundamental Conventions, 2012, paragraphs 686, 690–691). The Committee encourages the Government to take steps to amend the Labour Law in order to bring it in line with Article 1(a) of the Convention.

Article 1(b). Work of equal value. The Committee recalls that section 106 of the Labour Law provides for equal wages for workers for “work of equal conditions, professional skill and output ... regardless of their origin, sex or age”, which is narrower than the principle set out in the Convention. It also recalls that the concept of “work of equal value” under the Convention not only encompasses equal remuneration for workers who work under equal conditions, professional skill and output, but also allows for the comparison of jobs that are of an entirely different nature, but which are nevertheless of equal value (see General Survey, 2012, paragraph 677). The Committee notes that the Government’s report does not contain information in this respect. Recalling the importance of giving full legislative expression to the concept of “work of equal value”, in order to address effectively direct or indirect pay discrimination that results from the undervaluing of work performed predominantly or exclusively by women, the Committee again urges the Government to take steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. It hopes that progress will be made in the near future, and asks the Government to provide specific information on the concrete steps taken in this regard.

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

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

Development in policies. The Committee notes from the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Ministry of Labour and Vocational Training has developed the Gender Mainstreaming Action Plan for the period 2009–13 and that one of the five priorities is strengthening and expanding gender mainstreaming in the labour and vocational training sector. The Committee asks the Government to provide information on measures taken under the Gender Mainstreaming Action Plan to promote equal remuneration for men and women for work of equal value, and the results achieved. Please also supply information on any other policies promoting the principle of the Convention.

Gender pay gap. The Committee notes that the Government’s report does not address the issues raised by the Committee’s previous comments, and that it mostly reproduces information contained in the Government’s previous reports. The Committee recalls its previous comments regarding the persistent inequality in wages for work of equal value for men and women in practice. The Committee once again asks the Government to provide information on the measures taken or envisaged to reduce the gender pay gap and to combat the persistent inequalities in wages. Recalling the importance of statistics to allow an adequate assessment of the nature and extent of the remuneration gap between men and women, as well as to monitor progress with regard to promoting and ensuring respect for the principle of equal remuneration, the Committee also asks the Government to provide updated statistical information on the earnings of men and women disaggregated by sex, economic activity and occupation both in the public and private sectors.

Article 2 of the Convention. Application of the principle. The Committee recalls its previous comments asking the Government to indicate how the principle of equal remuneration for work of equal value is ensured with respect to the categories of workers excluded from the Labour Law. Recalling the particular vulnerability of domestic workers to discrimination and undervaluation of their work, the Committee once again asks the Government to indicate how the application of the principle of equal remuneration for work of equal value is ensured with respect to the other categories of workers excluded from the Labour Law, including with respect to domestic workers, whether nationals or non-nationals. It once again asks the Government to supply copies of Royal Decree No. 1201/450 and Sub-decree No. 34.

Minimum wages. The Committee recalls the Government’s explanation that a minimum wage was set for the footwear and garment industries, and that the minimum wage was established without distinction among professions or jobs. The Committee notes the Government’s indication that in the garment and footwear industries, the minimum wage was amended in 2011 (Notification No. 049/10), and for civil servants, the basic salary has been increased by approximately 20 per cent every year. The Government also repeats that it is considering adopting Prakas (ministerial orders) to extend protection to industries other than the footwear and garment industries. The Committee once again asks the Government to provide information on any progress made in adopting the Prakas to set minimum wages for industries other than footwear and garments, as well as to provide copies of the Prakas once they are adopted. It also asks the Government to indicate how it is ensured in the minimum wage fixing process that rates for female-dominated occupations are not set below the level of rates for male-dominated occupations involving work of equal value. Please also provide copies of the Notification by the Ministry of Labour and Vocational Training No. 049/10 of 9 July 2010, the Sub-decree No. 167 of 24 December 2010 on the improvement of the basic salary of civil servants, and the Labour Advisory Committee’s statement on the livelihood support for workers in garment and footwear industries of 7 March 2011, none of which were attached to the Government’s report.

Collective agreements. The Committee recalls the Government’s indication that collective agreements determine all elements of remuneration, other than minimum wages. In the absence of a reply, the Committee once again asks the Government to provide copies of collective agreements currently in force that provide for equal remuneration for work of equal value.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that there have been no attempts so far to conduct objective job evaluation, and no appropriate mechanisms are in place. The Government also repeats that it is considering creating such mechanisms and evaluating if there is a need for ILO technical assistance in this regard. Recalling that in order to eliminate disparities in the remuneration levels of men and women, it is important to determine the relative value of jobs through an examination of the respective tasks involved, on the basis of entirely objective and non-discriminatory criteria, the Committee again encourages the Government, with the cooperation of workers’ and employers’ organizations, to take steps towards the development and promotion of objective job evaluation methods, and to seek ILO technical assistance in this regard.

Parts III and IV of the report form. Enforcement. The Committee notes that 2,353 labour inspections took place in 2010, none of which identified any violations of the principle of equal remuneration for men and women for work of equal value; and that no cases have been brought to court or to other dispute settlement bodies. The Committee recalls that the absence of complaints or findings of pay inequalities is likely to result from the lack of knowledge of the relevant rights among workers as well as among those responsible for monitoring or enforcing the law, or difficulties in accessing dispute resolution mechanisms. The Committee asks the Government to take steps to provide training to raise awareness of the rights of workers and to increase the capacity of labour inspectors and others responsible for monitoring and enforcement to detect and address violations of the principle of the Convention. The Committee also once again asks the Government to continue to provide information on whether any cases regarding equal remuneration for men and women for work of equal value have been dealt with by the labour inspectors, the courts or other dispute settlement bodies.

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

Article 1(a) of the Convention. Definition of remuneration. In its previous comments, the Committee had noted that the definition of “wage” set out in section 103 of the Labour Law of 1997 excludes health care, legal family allowance, travel expenses and benefits granted exclusively to help the worker do his or her job, and asked the Government to indicate whether consideration is being given to revising the definition of “wage” in the Labour Law to ensure that it meets the requirements of Article 1(a) of the Convention. The Committee notes that the Government’s report does not contain any up to date information in this regard. Recalling that the broad definition of “remuneration” enshrined in Article 1(a) of the Convention captures all elements that a worker may receive for his or her work, the Committee asks the Government to take steps to amend the Labour Law in order to bring it in line with Article 1(a) of the Convention.

Article 1(b). Work of equal value. With regard to section 106 of the Labour Law, which provides for equal wages for “work of equal conditions, professional skill and output ... regardless of their origin, sex or age”, the Committee had asked the Government to take steps to ensure that full legislative expression is given to the principle of equal remuneration for men and women for work of equal value, providing not only for equal remuneration for workers who perform the same jobs, have the same skills and work under the same conditions, but also applying to situations where men and women perform work of a different nature, that is nevertheless of equal value. The Committee notes the Government’s indication that at present, the Government is not considering amending the Labour Law. Recalling the importance of giving full legislative expression to the concept of “work of equal value”, in order to address effectively direct or indirect pay discrimination that results from the undervaluing of work performed predominantly or exclusively by women, the Committee urges the Government to take steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on the steps taken 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)

Development in policies. The Committee notes from the Government’s report that a Gender Mainstreaming Action Plan in the Labour and Vocational Training Sectors 2008–10 has been adopted to promote equity in labour sectors, and in particular to address the problems of the salary gap between men and women. The Committee asks the Government to provide information on measures taken under the Gender Mainstreaming Action Plan to promote equal remuneration for men and women for work of equal value, and the results achieved. Please also supply information on any other policies promoting the principle of the Convention.

Gender pay gap. Referring to the information contained in the “Labour Force 2007” report of the National Institute of Statistics (NIS), the Committee notes that 20 per cent of all employed women were paid employees compared to 27 per cent for men. Phnom Penh had the highest share of paid employees for both women and men with 44 per cent and 56 per cent respectively. In other urban areas, 26 per cent of the employed women were paid employees compared to 46 per cent for men. The Committee notes that no information has been provided on the respective wages of women and men in the different occupations. However, from the Government’s report submitted to the United Nations Committee on Economic, Social and Cultural Rights (CESCR), the Committee notes that in practice, some problems still occur concerning wages between men and women, in particular in the construction sector where the wage for men is 7,000 riels per day while women earn only 5,000 riels (E/C.12/KHM/1, 7 January 2009, paragraph 251). It also notes that in its concluding observations, the CESCR expressed concern at the persistent inequality in wages for work of equal value for men and women in practice (E/C.12/KHM/CO/1, 12 June 2009, paragraph 22). The Committee asks the Government to provide information on the measures taken or envisaged to reduce the gender pay gap and to combat the persistent inequalities in wages. It also requests the Government to provide updated statistical information on the earnings of men and women disaggregated by sex, economic activity and occupation in the public and private sectors.

Article 1(a) of the Convention. Definition of remuneration. In its previous comments, the Committee noted that the definition of “wage” set out in section 103 of the Labour Law of 1997 excludes health care, legal family allowance, travel expenses and benefits granted exclusively to help the worker do his or her job. The Committee reminds the Government that the purpose of the broad definition of “remuneration” enshrined in Article 1(a) of the Convention is to capture all elements that a worker may receive for his or her work, including payments in cash as well as in kind; and payments made directly as well as indirectly by the employer to the worker, which arise out of the worker’s employment. The Committee recalls that, due to the broad definition of “remuneration”, in determining “value”, travel expenses and special benefits, family allowances paid by the employer and social security financed by the employer, as well as any other emoluments, are to be taken into account (see General Survey on equal remuneration, 1986, paragraphs 15 and 17). The Committee, therefore, asks the Government to indicate whether consideration is being given to revising the definition of “wage” in the Labour Law to ensure that it meets the requirements of Article 1(a) of the Convention.

Article 1(b). Work of equal value. The Committee recalls that section 106 of the Labour Law provides for equal wages for “work of equal conditions, professional skill and output ... regardless of their origin, sex or age”; and notes the Government’s statement that section 106 provides for equal wages for workers who perform the same jobs, have the same skills and work under the same conditions. The Committee recalls its 2006 general observation in which it highlighted that the concept of “work of equal value” includes but goes 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. The Committee asks the Government to take steps to ensure that full legislative expression is given to the principle of equal remuneration for men and women for work of equal value, providing not only for equal remuneration for workers who perform the same jobs, have the same skills and work under the same conditions, but also applying to situations where men and women perform work of a different nature, that is nevertheless of equal value; and to provide information on the measures taken in this regard.

Article 2. Application of the principle. The Committee recalls that section 1 of the Labour Law excludes judges, civil servants, personnel of the police, the army, the military police, employees in air and maritime transportation, as well as domestic or household workers. The Committee notes the Government’s statement that these categories of workers are covered under different instruments. In this regard, the Government refers generally to the Constitution of Cambodia, and more specifically to Royal Decree No. 1201/450 (1 December 2001) on the basic salary and perquisites of salary for civil servants; and the Sub-decree No. 34 (23 April 2002) on the reform of remuneration for staff civil servants and remuneration in the education field. The Committee notes that while information was provided concerning civil servants, no information was provided with respect to the other excluded groups of workers. With respect to domestic workers, the Committee recalls that these workers are particularly vulnerable to discrimination and undervaluation of their work. The Committee asks the Government to supply a copy of Royal Decree No. 1201/450 and Sub‑decree No. 34. The Committee also asks the Government to indicate how the application of the principle of equal remuneration for work of equal value is ensured with respect to the other categories or workers excluded from the Labour Law, in particular, with respect to domestic workers, whether nationals or non-nationals.

Minimum wages. The Committee notes the Government’s indication that the minimum wage is set by Prakas (ministerial order) in accordance with section 107 of the Labour Law, and that so far, minimum wages have been set in only two industries, namely the footwear and garment industries. Three Notifications (No. 06, No. 017 and No. 745) of the Ministry of Labour and Vocational Training (MOLVT) provide for an equal “starting wage” for workers in footwear and garment factories, even if the work is of a different nature. The Committee also notes the Government’s indication that the adoption of a Prakas has been considered to extend equal starting wages to industries other than footwear and garment industries. The Committee asks the Government to provide information on the adoption of a Prakas on minimum wages beyond the footwear and garment industries, and to indicate how it is ensured in the minimum wage fixing process that rates for female-dominated occupations are not set below the level of rates for male-dominated occupations involving work of equal value.

Collective agreements. The Committee notes the Government’s indication that collective agreements determine all elements of remuneration, other than minimum wages. The Committee asks the Government to provide copies of collective agreements currently in force that provide for equal remuneration for work of equal value.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that there have been attempts to conduct objective job evaluation, but no appropriate mechanisms are yet in place. The Committee also notes that the Government is considering creating such mechanisms and evaluating if there is a need for ILO technical assistance in this regard. The Committee encourages the Government, with the cooperation of workers’ and employers’ organizations, to take steps towards the development and promotion of objective job evaluation methods in line with its 2006 general observation, and to seek ILO technical assistance in this regard.

Parts III and IV of the report form. Enforcement. The Committee notes that the MOLVT conducted 8,864 inspections between 2006 and 2008, none of which identified any violations of the principle of equal remuneration for men and women for work of equal value; and no cases have been brought to court or to other dispute settlement bodies. The Committee recalls that the absence of complaints or findings of pay inequalities may result from the lack of knowledge of the rights derived from the Convention among workers as well as law enforcers, or difficulties in accessing complaint and dispute resolution mechanisms. The Committee asks the Government to indicate whether any training has been envisaged to raise awareness of the rights of workers or to increase the capacity of labour inspectors and other law enforcers to detect and address violations of the principle of the Convention. The Committee also asks the Government to continue to provide information on whether any cases regarding equal remuneration for men and women for work of equal value have been dealt with by the labour inspectors, the courts or other dispute settlement bodies.

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

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

The Committee notes that article 36(2) of the Constitution provides that Khmer citizens “of either sex receive equal pay for equal work”. It asks the Government to confirm that this provision applies to the private sector as well as to the public sector.

The Committee notes that section 106 of the Labour Act of 1997 provides for an “equal wage”, regardless of sex, for “work of equal conditions, professional skill and output”. It further notes that the definition of “remuneration” in the Act excludes from the definition of “wage”, health care, legal family allowance, travel expenses and benefits granted exclusively to help the worker do his or her job. Drawing attention to the broad definition of remuneration contained in the Convention, which includes these types of remuneration, it asks the Government how it ensures that discrimination in remuneration as between men and women for work of equal value does not occur for the types of remuneration excluded from the coverage of the Labour Act.

The Committee notes that the Labour Act contains two provisions that appear to give some protection to workers against discrimination in remuneration as between men and women for work of equal value: section 12, which prohibits sex-based discrimination in remuneration, and section 106, which provides that for work of equal conditions, professional skill and output, the wage must be equal for all workers regardless of their sex. Noting particularly the Government’s assertion that this Act was adopted with assistance from the ILO (among others), and that it “has taken into account (the Convention’s) principles and provisions”, the Committee raises the following points with respect to the Act.

(a)    It notes that the Act does not define the term “remuneration”. It accordingly asks the Government to clarify the meaning of this term included in section 12.

(b)    Noting that section 106 occurs in a section of the Labour Act entitled “Minimum wage”, the Committee asks the Government to confirm that section 106 covers not only the minimum wage, but any wages earned by workers.

(c)    The Committee reminds the Government that Article 1 of the Convention provides for equal remuneration as between men and women workers for work of equal value. Accordingly, it asks the Government to confirm that the phrase “work of equal conditions, professional skill and output” in section 106 refers more broadly to all work of equal value. In the event that the quoted phrase has a narrower meaning under the Act, the Committee asks the Government if it is considering amending the Act to bring its coverage into line with the Convention.

(d)    The Committee notes that the Act excludes from its coverage civil servants, police personnel and those serving in the army, the military police and in air and maritime transportation, as to all of whom there exists specific legislation regulating their employment. At the same time, the Committee notes that the Act also excludes domestic workers from its coverage. With respect to these persons, it asks the Government to indicate how the Convention is applied to them.

The Committee asks the Government to supply general information on the methods in operation for determining rates of remuneration and the manner in which the application of the principle of equal remuneration is promoted and ensured in this respect.

The Committee asks the Government to provide copies of collective agreements currently in force in the private sector, which include protection for equal remuneration for work of equal value, and to indicate the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value through those agreements.

The Committee recalls that the adoption of techniques to measure and compare objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, and it asks the Government to provide information on the measures taken to promote an objective appraisal of jobs on the basis of the work to be performed.

Noting the Government’s explanation that cooperation between the Government and employers’ and workers’ groups occur through the Labour Advisory Committee, which is mandated to study labour problems, including problems relating to wages, vocational training, migration and other matters, the Committee asks the Government to provide specific information about the make‑up and practical activities of this Committee, in so far as they bear on issues of equal remuneration.

The Committee notes that responsibility for enforcement of the Labour Act and related regulatory instruments lies with the office of labour inspectors and controllers. It asks information on inspections by this office, including relevant statistics on the number of labour inspections conducted, and on violations of the principles of the Convention discovered and remedies applied. Please also supply information on any complaints filed with judicial or dispute settlement bodies concerning unequal pay as between men and women.

The Committee notes the creation of the Commission on Human Rights and Receipt of Complaints, whose task is to identify human rights violations, and to receive complaints and transmit them to the competent authorities for appropriate action. It also notes the creation of the Office of the Secretary of State for Women’s Affairs, whose responsibility is to protect and promote women’s rights, in part by means of education, and which is also empowered to receive and handle complaints. The Committee would be grateful if the Government would provide information regarding any activities or programmes of either of these bodies that directly relate to issues of equal remuneration of work of equal value, including any public information campaigns and other outreach programmes, as well as information on complaints received by either body from workers regarding equal remuneration. The Committee particularly asks the Government to forward the draft Women’s Code mentioned in the Government’s recent report to the Human Rights Committee CCPRC.Add. in so far as it pertains to issues of equal remuneration.

The Committee notes that the Government has provided little specific information on the practical application of the Convention. It asks the Government to provide such information, including (but not necessarily limited to) statistical data disaggregated by sex (as described in the 1998 general observation on the Convention), reports, guidelines and other publications.

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

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

1. The Committee notes that article 36(2) of the Constitution provides that Khmer citizens “of either sex receive equal pay for equal work”. It asks the Government to confirm that this provision applies to the private sector as well as to the public sector.

2. The Committee notes that section 106 of the Labour Act of 1997 provides for an “equal wage”, regardless of sex, for “work of equal conditions, professional skill and output”. It further notes that the definition of “remuneration” in the Act excludes from the definition of “wage”, health care, legal family allowance, travel expenses and benefits granted exclusively to help the worker do his or her job. Drawing attention to the broad definition of remuneration contained in the Convention, which includes these types of remuneration, it asks the Government how it ensures that discrimination in remuneration as between men and women for work of equal value does not occur for the types of remuneration excluded from the coverage of the Labour Act.

3. The Committee notes that the Labour Act contains two provisions that appear to give some protection to workers against discrimination in remuneration as between men and women for work of equal value: section 12, which prohibits sex-based discrimination in remuneration, and section 106, which provides that for work of equal conditions, professional skill and output, the wage must be equal for all workers regardless of their sex. Noting particularly the Government’s assertion that this Act was adopted with assistance from the ILO (among others), and that it “has taken into account (the Convention’s) principles and provisions”, the Committee raises the following points with respect to the Act.

(a)    It notes that the Act does not define the term “remuneration”. It accordingly asks the Government to clarify the meaning of this term included in section 12.

(b)    Noting that section 106 occurs in a section of the Labour Act entitled “Minimum wage”, the Committee asks the Government to confirm that section 106 covers not only the minimum wage, but any wages earned by workers.

(c)    The Committee reminds the Government that Article 1 of the Convention provides for equal remuneration as between men and women workers for work of equal value. Accordingly, it asks the Government to confirm that the phrase “work of equal conditions, professional skill and output” in section 106 refers more broadly to all work of equal value. In the event that the quoted phrase has a narrower meaning under the Act, the Committee asks the Government if it is considering amending the Act to bring its coverage into line with the Convention.

(d)    The Committee notes that the Act excludes from its coverage civil servants, police personnel and those serving in the army, the military police and in air and maritime transportation, as to all of whom there exists specific legislation regulating their employment. At the same time, the Committee notes that the Act also excludes domestic workers from its coverage. With respect to these persons, it asks the Government to indicate how the Convention is applied to them.

4. The Committee asks the Government to supply general information on the methods in operation for determining rates of remuneration and the manner in which the application of the principle of equal remuneration is promoted and ensured in this respect.

5. The Committee asks the Government to provide copies of collective agreements currently in force in the private sector, which include protection for equal remuneration for work of equal value, and to indicate the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value through those agreements.

6. The Committee recalls that the adoption of techniques to measure and compare objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, and it asks the Government to provide information on the measures taken to promote an objective appraisal of jobs on the basis of the work to be performed.

7. Noting the Government’s explanation that cooperation between the Government and employers’ and workers’ groups occur through the Labour Advisory Committee, which is mandated to study labour problems, including problems relating to wages, vocational training, migration and other matters, the Committee asks the Government to provide specific information about the make-up and practical activities of this Committee, in so far as they bear on issues of equal remuneration.

8. The Committee notes that responsibility for enforcement of the Labour Act and related regulatory instruments lies with the office of labour inspectors and controllers. It asks information on inspections by this office, including relevant statistics on the number of labour inspections conducted, and on violations of the principles of the Convention discovered and remedies applied. Please also supply information on any complaints filed with judicial or dispute settlement bodies concerning unequal pay as between men and women.

9. The Committee notes the creation of the Commission on Human Rights and Receipt of Complaints, whose task is to identify human rights violations, and to receive complaints and transmit them to the competent authorities for appropriate action. It also notes the creation of the Office of the Secretary of State for Women’s Affairs, whose responsibility is to protect and promote women’s rights, in part by means of education, and which is also empowered to receive and handle complaints. The Committee would be grateful if the Government would provide information regarding any activities or programmes of either of these bodies that directly relate to issues of equal remuneration of work of equal value, including any public information campaigns and other outreach programmes, as well as information on complaints received by either body from workers regarding equal remuneration. The Committee particularly asks the Government to forward the draft Women’s Code mentioned in the Government’s recent report to the Human Rights Committee CCPRC.Add. in so far as it pertains to issues of equal remuneration.

10. The Committee notes that the Government has provided little specific information on the practical application of the Convention. It asks the Government to provide such information, including (but not necessarily limited to) statistical data disaggregated by sex (as described in the 1998 general observation on the Convention), reports, guidelines and other publications.

 

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

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

1. The Committee notes that article 36(2) of the Constitution provides that Khmer citizens “of either sex receive equal pay for equal work”. It asks the Government to confirm that this provision applies to the private sector as well as to the public sector.

2. The Committee notes that section 106 of the Labour Act of 1997 provides for an “equal wage”, regardless of sex, for “work of equal conditions, professional skill and output”. It further notes that the definition of “remuneration” in the Act excludes from the definition of “wage”, health care, legal family allowance, travel expenses and benefits granted exclusively to help the worker do his or her job. Drawing attention to the broad definition of remuneration contained in the Convention, which includes these types of remuneration, it asks the Government how it ensures that discrimination in remuneration as between men and women for work of equal value does not occur for the types of remuneration excluded from the coverage of the Labour Act.

3. The Committee notes that the Labour Act contains two provisions that appear to give some protection to workers against discrimination in remuneration as between men and women for work of equal value: section 12, which prohibits sex-based discrimination in remuneration, and section 106, which provides that for work of equal conditions, professional skill and output, the wage must be equal for all workers regardless of their sex. Noting particularly the Government’s assertion that this Act was adopted with assistance from the ILO (among others), and that it “has taken into account (the Convention’s) principles and provisions”, the Committee raises the following points with respect to the Act.

(a)    It notes that the Act does not define the term “remuneration”. It accordingly asks the Government to clarify the meaning of this term included in section 12.

(b)    Noting that section 106 occurs in a section of the Labour Act entitled “Minimum wage”, the Committee asks the Government to confirm that section 106 covers not only the minimum wage, but any wages earned by workers.

(c)    The Committee reminds the Government that Article 1 of the Convention provides for equal remuneration as between men and women workers for work of equal value. Accordingly, it asks the Government to confirm that the phrase “work of equal conditions, professional skill and output” in section 106 refers more broadly to all work of equal value. In the event that the quoted phrase has a narrower meaning under the Act, the Committee asks the Government if it is considering amending the Act to bring its coverage into line with the Convention.

(d)    The Committee notes that the Act excludes from its coverage civil servants, police personnel and those serving in the army, the military police and in air and maritime transportation, as to all of whom there exists specific legislation regulating their employment. At the same time, the Committee notes that the Act also excludes domestic workers from its coverage. With respect to these persons, it asks the Government to indicate how the Convention is applied to them.

4. The Committee asks the Government to supply general information on the methods in operation for determining rates of remuneration and the manner in which the application of the principle of equal remuneration is promoted and ensured in this respect.

5. The Committee asks the Government to provide copies of collective agreements currently in force in the private sector, which include protection for equal remuneration for work of equal value, and to indicate the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value through those agreements.

6. The Committee recalls that the adoption of techniques to measure and compare objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, and it asks the Government to provide information on the measures taken to promote an objective appraisal of jobs on the basis of the work to be performed.

7. Noting the Government’s explanation that cooperation between the Government and employers’ and workers’ groups occur through the Labour Advisory Committee, which is mandated to study labour problems, including problems relating to wages, vocational training, migration and other matters, the Committee asks the Government to provide specific information about the make-up and practical activities of this Committee, in so far as they bear on issues of equal remuneration.

8. The Committee notes that responsibility for enforcement of the Labour Act and related regulatory instruments lies with the office of labour inspectors and controllers. It asks information on inspections by this office, including relevant statistics on the number of labour inspections conducted, and on violations of the principles of the Convention discovered and remedies applied. Please also supply information on any complaints filed with judicial or dispute settlement bodies concerning unequal pay as between men and women.

9. The Committee notes the creation of the Commission on Human Rights and Receipt of Complaints, whose task is to identify human rights violations, and to receive complaints and transmit them to the competent authorities for appropriate action. It also notes the creation of the Office of the Secretary of State for Women’s Affairs, whose responsibility is to protect and promote women’s rights, in part by means of education, and which is also empowered to receive and handle complaints. The Committee would be grateful if the Government would provide information regarding any activities or programmes of either of these bodies that directly relate to issues of equal remuneration of work of equal value, including any public information campaigns and other outreach programmes, as well as information on complaints received by either body from workers regarding equal remuneration. The Committee particularly asks the Government to forward the draft Women’s Code mentioned in the Government’s recent report to the Human Rights Committee CCPRC.Add. in so far as it pertains to issues of equal remuneration.

10. The Committee notes that the Government has provided little specific information on the practical application of the Convention. It asks the Government to provide such information, including (but not necessarily limited to) statistical data disaggregated by sex (as described in the 1998 general observation on the Convention), reports, guidelines and other publications.

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

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

1. The Committee notes that article 36(2) of the Constitution provides that Khmer citizens “of either sex receive equal pay for equal work”. It asks the Government to confirm that this provision applies to the private sector as well as to the public sector.

2. The Committee notes that section 106 of the Labour Act of 1997 provides for an “equal wage”, regardless of sex, for “work of equal conditions, professional skill and output”. It further notes that the definition of “remuneration” in the Act excludes from the definition of “wage”, health care, legal family allowance, travel expenses and benefits granted exclusively to help the worker do his or her job. Drawing attention to the broad definition of remuneration contained in the Convention, which includes these types of remuneration, it asks the Government how it ensures that discrimination in remuneration as between men and women for work of equal value does not occur for the types of remuneration excluded from the coverage of the Labour Act.

3. The Committee notes that the Labour Act contains two provisions that appear to give some protection to workers against discrimination in remuneration as between men and women for work of equal value: section 12, which prohibits sex-based discrimination in remuneration, and section 106, which provides that for work of equal conditions, professional skill and output, the wage must be equal for all workers regardless of their sex. Noting particularly the Government’s assertion that this Act was adopted with assistance from the ILO (among others), and that it “has taken into account (the Convention’s) principles and provisions”, the Committee raises the following points with respect to the Act.

(a)    It notes that the Act does not define the term “remuneration”. It accordingly asks the Government to clarify the meaning of this term included in section 12.

(b)    Noting that section 106 occurs in a section of the Labour Act entitled “Minimum wage”, the Committee asks the Government to confirm that section 106 covers not only the minimum wage, but any wages earned by workers.

(c)    The Committee reminds the Government that Article 1 of the Convention provides for equal remuneration as between men and women workers for work of equal value. Accordingly, it asks the Government to confirm that the phrase “work of equal conditions, professional skill and output” in section 106 refers more broadly to all work of equal value. In the event that the quoted phrase has a narrower meaning under the Act, the Committee asks the Government if it is considering amending the Act to bring its coverage into line with the Convention.

(d)    The Committee notes that the Act excludes from its coverage civil servants, police personnel and those serving in the army, the military police and in air and maritime transportation, as to all of whom there exists specific legislation regulating their employment. At the same time, the Committee notes that the Act also excludes domestic workers from its coverage. With respect to these persons, it asks the Government to indicate how the Convention is applied to them.

4. The Committee asks the Government to supply general information on the methods in operation for determining rates of remuneration and the manner in which the application of the principle of equal remuneration is promoted and ensured in this respect.

5. The Committee asks the Government to provide copies of collective agreements currently in force in the private sector, which include protection for equal remuneration for work of equal value, and to indicate the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value through those agreements.

6. The Committee recalls that the adoption of techniques to measure and compare objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, and it asks the Government to provide information on the measures taken to promote an objective appraisal of jobs on the basis of the work to be performed.

7. Noting the Government’s explanation that cooperation between the Government and employers’ and workers’ groups occur through the Labour Advisory Committee, which is mandated to study labour problems, including problems relating to wages, vocational training, migration and other matters, the Committee asks the Government to provide specific information about the make-up and practical activities of this Committee, in so far as they bear on issues of equal remuneration.

8. The Committee notes that responsibility for enforcement of the Labour Act and related regulatory instruments lies with the office of labour inspectors and controllers. It asks information on inspections by this office, including relevant statistics on the number of labour inspections conducted, and on violations of the principles of the Convention discovered and remedies applied. Please also supply information on any complaints filed with judicial or dispute settlement bodies concerning unequal pay as between men and women.

9. The Committee notes the creation of the Commission on Human Rights and Receipt of Complaints, whose task is to identify human rights violations, and to receive complaints and transmit them to the competent authorities for appropriate action. It also notes the creation of the Office of the Secretary of State for Women’s Affairs, whose responsibility is to protect and promote women’s rights, in part by means of education, and which is also empowered to receive and handle complaints. The Committee would be grateful if the Government would provide information regarding any activities or programmes of either of these bodies that directly relate to issues of equal remuneration of work of equal value, including any public information campaigns and other outreach programmes, as well as information on complaints received by either body from workers regarding equal remuneration. The Committee particularly asks the Government to forward the draft Women’s Code mentioned in the Government’s recent report to the Human Rights Committee CCPRC. Add in sofar as it pertains to issues of equal remuneration.

10. The Committee notes that the Government has provided little specific information on the practical application of the Convention. It asks the Government to provide such information, including (but not necessarily limited to) statistical data disaggregated by sex (as described in the 1998 general observation on the Convention), reports, guidelines and other publications.

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

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

1. The Committee notes that article 36(2) of the Constitution provides that Khmer citizens "of either sex receive equal pay for equal work". It asks the Government to confirm that this provision applies to the private sector as well as to the public sector.

2. The Committee notes that section 106 of the Labour Act of 1997 provides for an "equal wage", regardless of sex, for "work of equal conditions, professional skill and output". It further notes that the definition of "remuneration" in the Act excludes from the definition of "wage", health care, legal family allowance, travel expenses and benefits granted exclusively to help the worker do his or her job. Drawing attention to the broad definition of remuneration contained in the Convention, which includes these types of remuneration, it asks the Government how it ensures that discrimination in remuneration as between men and women for work of equal value does not occur for the types of remuneration excluded from the coverage of the Labour Act.

3. The Committee notes that the Labour Act contains two provisions that appear to give some protection to workers against discrimination in remuneration as between men and women for work of equal value: section 12, which prohibits sex-based discrimination in remuneration, and section 106, which provides that for work of equal conditions, professional skill and output, the wage must be equal for all workers regardless of their sex. Noting particularly the Government’s assertion that this Act was adopted with assistance from the ILO (among others), and that it "has taken into account (the Convention’s) principles and provisions", the Committee raises the following points with respect to the Act.

(a)  It notes that the Act does not define the term "remuneration". It accordingly asks the Government to clarify the meaning of this term included in section 12.

(b)  Noting that section 106 occurs in a section of the Labour Act entitled "Minimum wage", the Committee asks the Government to confirm that section 106 covers not only the minimum wage, but any wages earned by workers.

(c)  The Committee reminds the Government that Article 1 of the Convention provides for equal remuneration as between men and women workers for work of equal value. Accordingly, it asks the Government to confirm that the phrase "work of equal conditions, professional skill and output" in section 106 refers more broadly to all work of equal value. In the event that the quoted phrase has a narrower meaning under the Act, the Committee asks the Government if it is considering amending the Act to bring its coverage into line with the Convention.

(d)  The Committee notes that the Act excludes from its coverage civil servants, police personnel and those serving in the army, the military police and in air and maritime transportation, as to all of whom there exists specific legislation regulating their employment. At the same time, the Committee notes that the Act also excludes domestic workers from its coverage. With respect to these persons, it asks the Government to indicate how the Convention is applied to them.

4. The Committee asks the Government to supply general information on the methods in operation for determining rates of remuneration and the manner in which the application of the principle of equal remuneration is promoted and ensured in this respect.

5. The Committee asks the Government to provide copies of collective agreements currently in force in the private sector, which include protection for equal remuneration for work of equal value, and to indicate the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value through those agreements.

6. The Committee recalls that the adoption of techniques to measure and compare objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, and it asks the Government to provide information on the measures taken to promote an objective appraisal of jobs on the basis of the work to be performed.

7. Noting the Government’s explanation that cooperation between the Government and employers’ and workers’ groups occur through the Labour Advisory Committee, which is mandated to study labour problems, including problems relating to wages, vocational training, migration and other matters, the Committee asks the Government to provide specific information about the make-up and practical activities of this Committee, in so far as they bear on issues of equal remuneration.

8. The Committee notes that responsibility for enforcement of the Labour Act and related regulatory instruments lies with the office of labour inspectors and controllers. It asks information on inspections by this office, including relevant statistics on the number of labour inspections conducted, and on violations of the principles of the Convention discovered and remedies applied. Please also supply information on any complaints filed with judicial or dispute settlement bodies concerning unequal pay as between men and women.

9. The Committee notes the creation of the Commission on Human Rights and Receipt of Complaints, whose task is to identify human rights violations, and to receive complaints and transmit them to the competent authorities for appropriate action. It also notes the creation of the Office of the Secretary of State for Women’s Affairs, whose responsibility is to protect and promote women’s rights, in part by means of education, and which is also empowered to receive and handle complaints. The Committee would be grateful if the Government would provide information regarding any activities or programmes of either of these bodies that directly relate to issues of equal remuneration of work of equal value, including any public information campaigns and other outreach programmes, as well as information on complaints received by either body from workers regarding equal remuneration. The Committee particularly asks the Government to forward the draft Women’s Code mentioned in the Government’s recent report to the Human Rights Committee (CCPR/C/81/Add.12), in so far as i tpertains t oissues of equal remuneration.

10. The Committee notes that the Government has provided little specific information on the practical application of the Convention. It asks the Government to provide such information, including (but not necessarily limited to) statistical data disaggregated by sex (as described in the 1998 general observation on the Convention), reports, guidelines and other publications.

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

The Committee notes the information in the Government’s first report and asks the Government to provide additional information on the following points.

1. The Committee notes that article 36(2) of the Constitution provides that Khmer citizens "of either sex receive equal pay for equal work". It asks the Government to confirm that this provision applies to the private sector as well as to the public sector.

2. The Committee notes that section 106 of the Labour Act of 1997 provides for an "equal wage", regardless of sex, for "work of equal conditions, professional skill and output". It further notes that the definition of "remuneration" in the Act excludes from the definition of "wage", health care, legal family allowance, travel expenses and benefits granted exclusively to help the worker do his or her job. Drawing attention to the broad definition of remuneration contained in the Convention, which includes these types of remuneration, it asks the Government how it ensures that discrimination in remuneration as between men and women for work of equal value does not occur for the types of remuneration excluded from the coverage of the Labour Act.

3. The Committee notes that the Labour Act contains two provisions that appear to give some protection to workers against discrimination in remuneration as between men and women for work of equal value: section 12, which prohibits sex-based discrimination in remuneration, and section 106, which provides that for work of equal conditions, professional skill and output, the wage must be equal for all workers regardless of their sex. Noting particularly the Government’s assertion that this Act was adopted with assistance from the ILO (among others), and that it "has taken into account (the Convention’s) principles and provisions", the Committee raises the following points with respect to the Act.

(a)  It notes that the Act does not define the term "remuneration". It accordingly asks the Government to clarify the meaning of this term included in section 12.

(b)  Noting that section 106 occurs in a section of the Labour Act entitled "Minimum wage", the Committee asks the Government to confirm that section 106 covers not only the minimum wage, but any wages earned by workers.

(c)  The Committee reminds the Government that Article 1 of the Convention provides for equal remuneration as between men and women workers for work of equal value. Accordingly, it asks the Government to confirm that the phrase "work of equal conditions, professional skill and output" in section 106 refers more broadly to all work of equal value. In the event that the quoted phrase has a narrower meaning under the Act, the Committee asks the Government if it is considering amending the Act to bring its coverage into line with the Convention.

(d)  The Committee notes that the Act excludes from its coverage civil servants, police personnel and those serving in the army, the military police and in air and maritime transportation, as to all of whom there exists specific legislation regulating their employment. At the same time, the Committee notes that the Act also excludes domestic workers from its coverage. With respect to these persons, it asks the Government to indicate how the Convention is applied to them.

4. The Committee asks the Government to supply general information on the methods in operation for determining rates of remuneration and the manner in which the application of the principle of equal remuneration is promoted and ensured in this respect.

5. The Committee asks the Government to provide copies of collective agreements currently in force in the private sector, which include protection for equal remuneration for work of equal value, and to indicate the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value through those agreements.

6. The Committee recalls that the adoption of techniques to measure and compare objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, and it asks the Government to provide information on the measures taken to promote an objective appraisal of jobs on the basis of the work to be performed.

7. Noting the Government’s explanation that cooperation between the Government and employers’ and workers’ groups occur through the Labour Advisory Committee, which is mandated to study labour problems, including problems relating to wages, vocational training, migration and other matters, the Committee asks the Government to provide specific information about the make-up and practical activities of this Committee, in so far as they bear on issues of equal remuneration.

8. The Committee notes that responsibility for enforcement of the Labour Act and related regulatory instruments lies with the office of labour inspectors and controllers. It asks information on inspections by this office, including relevant statistics on the number of labour inspections conducted, and on violations of the principles of the Convention discovered and remedies applied. Please also supply information on any complaints filed with judicial or dispute settlement bodies concerning unequal pay as between men and women.

9. The Committee notes the creation of the Commission on Human Rights and Receipt of Complaints, whose task is to identify human rights violations, and to receive complaints and transmit them to the competent authorities for appropriate action. It also notes the creation of the Office of the Secretary of State for Women’s Affairs, whose responsibility is to protect and promote women’s rights, in part by means of education, and which is also empowered to receive and handle complaints. The Committee would be grateful if the Government would provide information regarding any activities or programmes of either of these bodies that directly relate to issues of equal remuneration of work of equal value, including any public information campaigns and other outreach programmes, as well as information on complaints received by either body from workers regarding equal remuneration. The Committee particularly asks the Government to forward the draft Women’s Code mentioned in the Government’s recent report to the Human Rights Committee (CCPR/C/81/Add.12), in so far as it pertains to issues of equal remuneration.

10. The Committee notes that the Government has provided little specific information on the practical application of the Convention. It asks the Government to provide such information, including (but not necessarily limited to) statistical data disaggregated by sex (as described in the 1998 general observation on the Convention), reports, guidelines and other publications.