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

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

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

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

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

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

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

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

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

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

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

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

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