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

Equal Remuneration Convention, 1951 (No. 100) - Pakistan (Ratification: 2001)

The Committee notes the communication from the Pakistan Workers’ Federation, received 31 August 2010 stressing the need to amend the relevant legislation with a view to protecting workers against wage discrimination based on sex, and to ensure the effective enforcement of the legislation by the labour inspection services. The Committee asks the Government to reply to the communication from the Pakistan Workers’ Federation.

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Articles 1 and 2 of the Convention. Legislation. The Committee recalls that since the Convention’s ratification by Pakistan, it has been commenting on the importance of enacting legislation to ensure the effective application of the Convention. In this regard, the Committee notes the Government’s indication that a draft “Employment and Service Conditions Act” has been prepared which includes provisions on equal remuneration for men and women. The Committee stresses that provisions intended to give effect to the Convention should give full expression to the principle of equal remuneration for men and women for work of equal value. In particular, the provisions should not be limited to providing equal remuneration for “equal”, the “same” or “similar” work, but should also provide for equal remuneration for men and women for work that is of an entirely different nature, but which is nevertheless of equal value. In addition, the legislation should ensure that this equal remuneration principle applies to all aspects of remuneration, as broadly defined in Article 1(a) of the Convention. The Committee asks the Government to continue its efforts to put in place legislation giving effect to the Convention and to ensure that this legislation is in full conformity with the Convention.

Minimum wages. In its previous observation, the Committee asked the Government to provide information on the specific and practical measures taken to ensure that minimum wages are set in accordance with the principle of equal remuneration for men and women for work of equal value. In reply, the Government states that in view of the presence of employers, workers and government representatives on the provincial minimum wages boards, care has been taken to ensure that no bias is shown as regards jobs predominately performed by women. The Committee considers that the tripartite nature of the Provincial Minimum Wages Board, while important, does not in itself ensure, that wage rates for categories of work predominately performed by women are not set at lower levels than the rates for male-dominated work where the work performed by men and women is, in fact, of equal value. The Committee therefore encourages the Government, in cooperation with employers’ and workers’ organizations to examine the functioning of the mechanisms for the setting of minimum wages in the light of the need to promote and ensure the principle of equal remuneration for men and women for work of equal value, and to indicate any steps taken in this regard. The Committee also asks the Government to provide copies of the minimum wage notifications currently in force, and to indicate which of the occupational groups covered tend to be female dominated.

Awareness raising and training. The Committee notes the Government’s statement that the Directorate of Workers’ Education under the Ministry of Labour, Manpower and Oversees Pakistanis, the National Institute of Labour Administration and Training and the Industrial Relations Institute are undertaking education and training activities for workers through seminars, workshops and training courses, including activities relating to the Convention. The Committee asks the Government to provide more detailed information on these training activities, including the number of courses and participants, as well as examples of the training materials used as regards the principles of equal remuneration for men and women for work of equal value. Further, please indicate any activities specifically implemented for employers, and whether any of these activities have addressed the issue of objective job evaluation.

Cooperation with employers’ and workers’ organizations. The Committee recalls that the Government has closely cooperated with the employers’ and workers’ organizations in the preparation of the Labour Protection Policy (2006). It notes the comments received from the Pakistan Workers’ Federation on the dialogue held with the Government and the Employers’ Federation of Pakistan on strengthening the labour inspection machinery. The Committee also notes that, as a follow-up to the labour protection policy, the Government has started studies on a number of important issues, including the links between working and living conditions and productivity, labour protection in the informal economy, and the effectiveness of the labour administration. Trusting that these studies will provide an opportunity to examine issues relating to the principle of equal remuneration for men and women for work of equal value, and identify measures to strengthen its application, the Committee asks the Government to provide information on the measures taken with a view to examining the issue of equal remuneration in the context of the abovementioned studies, and the results of these studies, once available.

Statistical information. The Committee notes that the Government has not yet provided statistical information on the earnings of men and women. Recalling that statistical information on the levels of remuneration of men and women working in the different sectors of the economy is an important means to monitor progress with regard to promoting and ensuring respect for the principle of equal remuneration, the Committee asks the Government to indicate to what extent such data are being collected and published.

Enforcement. The Committee notes the Government’s indication that under the Payment of Wages Act, 1936, provincial governments have appointed inspectors who can examine documents relating to the calculation of wages and payment of wages. Further, the provincial payment of wages authorities can hear and decide any matter relating to the payment of wages. The Committee concludes from the indications given in the Government’s report, that the labour inspectorate and the labour courts have apparently not yet addressed any cases concerning violations of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to indicate whether the provincial wages inspectors and payment of wages authorities have dealt with any cases involving equal remuneration for work of equal value, and to continue to provide information on any such cases that might have been dealt with by other competent bodies, including the labour courts. The Committee encourages the Government, in addition to including equal remuneration provisions in the legislation, to take appropriate measures with a view to strengthening the mechanisms to enforce the principle of equal remuneration for men and women for work of equal value, and to indicate the measures taken in this regard.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.