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

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

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.