Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Equal Remuneration Convention, 1951 (No. 100) - Viet Nam (Ratification: 1997)

Articles 1 and 2 of the Convention. Legislative developments. Definition of remuneration and work of equal value. The Committee previously requested the Government to indicate whether payment in kind would be covered by section 90(3) of the new Labour Code (Law No. 10/2012/QH13 of 2012) and to provide information on its implementation and enforcement. The Committee notes the adoption of the new Labour Code of 2019 (Law No. 45/2019/QH14) that entered into force on 1 January 2021. The Committee notes that section 90(3) of the 2019 Labour Code provides that “[e]mployers must ensure equal pay for work of equal value without discrimination based on sex”. Concerning the definition of wage, section 90(1) maintains the definition of the 2012 Labour Code, that is to say “a monetary amount paid by an employer to a worker under an agreement to perform work, including remuneration that is based on the work or position as well as wage allowances and additional payments”. However, the 2019 Labour Code introduces a change in the definition of bonuses in section 105, which now includes the following: “an amount of money, a piece of property or item that is provided by an employer for his/her employees on the basis of the business performance or the employees’ performance”. The Committee notes the Government’s clarification, in its report, that under the 2019 Labour Code “wage” encompasses also allowances and other additional payments, such as family support, travel support, and incentives, including cash and in-kind allowances. The Committee requests the Government to provide information on the application in practice of section 90(3) of the 2019 Labour Code, including information on any violations addressed by the labour inspectorate or the judiciary, the sanctions imposed and the remedies accorded to the victims. Please also supply information on any awareness-raising activities undertaken about the principle of the Convention and the relevant provisions of the 2019 Labour Act among enforcement officials, the social partners and the public.

Articles 2 and 3. Non-discriminatory determination of wages. In its previous comments, the Committee requested the Government: (1) to indicate measures taken in order to ensure that wage determination by employers in the private sector are free from gender bias; and (2) to provide information on the development and use of any gender neutral job evaluation methods during the process of wage scales determination. The Committee notes that the Government indicates that the determination of wage scales shall comply with section 93 of the 2019 Labour Code as well as Decree No. 145/2020/ND-CP of 14 December 2020, which has replaced Decree No. 49/2013/ND-CP. Section 93(3) of the 2019 Labour Code provides, like the 2012 Labour Code, that in developing wage scales, employers must consult workers’ representative organizations at the grassroots level in places where such organizations exist. The Committee requests the Government to indicate whether any guidance is provided to employers and workers’ representatives on: (i) the criteria to be used in wage scale determination in order to ensure equal remuneration for men and women for work of equal value; and (ii) the methods used in job evaluations. Please also supply information on any complaints brought to the attention of the labour inspectors or filed with the courts or tribunals concerning the determination of wage scales under section 93 of the 2019 Labour Code.

Articles 2(2)(c) and 4. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee recalls that the determination of criteria for job evaluation and their weighting are matters on which cooperation between employers and workers is particularly important, giving collective bargaining an important place in this context (see General Survey on the fundamental Conventions, 2012, paragraph 705). The Committee reiterates its request that the Government provides information on any collective agreements containing provisions that expressly refer to the principle of the Convention, including information on those agreements that provide for objective job evaluation methods.

Enforcement. The Committee notes the information provided by the Government on the training offered to enforcement officials concerning the labour legislation. It notes, among other things, that labour inspectors receive specific guidance on the detection of labour discrimination, including violations of the principle of the Convention. The Government reports that, according to the results of the labour inspections carried out in 2019 and in the first months of 2020, the provisions of the Labour Code prescribing equal remuneration for work of equal value were complied with. The Committee notes the Government’s reference to awareness-raising for employers and workers’ representatives that were undertaken in connection with labour inspections campaigns. The Government considers that these joint interventions have contributed to improving the understanding and the compliance with relevant legal provisions. The Committee requests the Government to continue to provide information on the violations of the principle of equal remuneration for men and women for work of equal value detected by, or brought to the attention of, the labour inspectorate services and those addressed by the judiciary, the sanctions imposed and the remedies provided.