Equal Remuneration Convention, 1951 (No. 100) - Republic of Korea (Ratification: 1997)

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

Previous comment

The Committee notes the observations of the Korean Confederation of Trade Unions (KCTU) and the Federation of Korean Trade Unions (FKTU) received, respectively, on 18 July 2022 and 8 September 2023. It also notes the comments of the Government on FKTU’s observations dated 5 October 2023.

Article 2 of the Convention. Practical measures to address the gender pay gap and its underlying causes. The Committee notes that, according to data from the Organisation for Economic Co-operation and Development (OECD), the gender pay gap in Korea, which had been continuously decreasing since 2015 (where it stood at 37.2 per cent), is stagnating since 2020 slightly above 31 per cent, and even rose between 2021 and 2022 to reach 31.2 per cent. This places Korea at almost 20 percentage points above the OECD average (11.9 per cent for 2021). The Committee notes the KCTU’s observations that the gradual improvement is due to the increase of minimum wage and improvements of working conditions of precarious workers in the public sector, led by trade union action. KCTU underlines that the major cause of the wide gender pay gap are occupational gender segregation, low wages in female dominated occupations, and a concentration of women workers in non-regular jobs (e.g. part-time, temporary or dispatched workers) which offer lower wages and less promotion opportunities. The Committee also notes the Government’s statement, in its report, that it is continuously strengthening the affirmative action (AA) system (implemented since 2006) to close the gender pay gap and achieve overall gender equality. In June 2022, it amended Article 12 of the Enforcement Regulations of the Equal Employment Opportunity and Work-family Balance Assistance Act so as to clarify the concept of “wage” in the reporting requirement for male and female employees wage status and exclude short-term workers from the scope of reporting. According to the Government, this led to enhanced reliability of the data submitted. In this regard, the FKTU considers that the AA system is not effective in addressing the gender pay gap issue because it applies to companies with 300 workers or more whereas women workers are concentrated in smaller companies. Recalling that Korea has had the largest gender pay gap among OECD countries for the past 26 years, FKTU considers that it is difficult to assert that the current AA system has a significant impact on the reduction of this gap and calls for “a more innovative institutional enhancement”.

In its previous report, the Government had indicated that it was considering implementing a wage disclosure system (requiring the release of wage information by gender, employment type, occupation, etc.) after consultation with the social partners and relevant governmental offices. The Committee welcomes the indication of the Government that, as of the second semester of 2023, it is promoting the phased introduction of a wage disclosure system for public institutions (All Public Information In-One, ALIO) and listed companies (Data Analysis, Retrieval and Transfer System, DART), and plans to expand it to include workplaces with more than 500 or more employees in the private sector as of 2025 (based on the evaluation of the pilot programme). The Government underlines that, relying on that information, it has been publishing a press release on the gender pay gap in listed companies and public institutions every year since 2020. In this regard, the Committee notes the FKTU’s observations that the system is still limited to the pilot programme with little visible progress so far. The FKTU anticipates a limited impact of the system, even when fully deployed, for two reasons: firstly, because it relies on a voluntary corporate participation without legal obligations and, secondly, because the information collected does not allow for a comprehensive analysis of the reasons behind the gender pay gap, which is insufficient for developing policy measures. Finally, the Committee notes the Government’s indication that it is strengthening support for pregnancy, childbirth and childcare in order to address the issue of career interruption which is a major cause of the gender pay gap. In 2022, in order to promote a culture of parental care, it significantly increased the parental leave benefits and introduced the “3+3 parental leave system” (a financial incentive to parents if they both take parental leave, simultaneously or consecutively, within the first 12 months of the child’s birth). In light of the stagnating high gender pay gap and persistent occupational gender segregation of the labour market, the Committee asks the Government: (i) to continue stepping up its efforts to address effectively the existing gender pay gap and more generally to achieve gender equality in employment and occupation; (ii) to continue providing information on all measures taken or envisaged to address the root causes of the gender pay gap, and the results achieved by these measures in the public and private sectors; (iii) to provide information on the progress made towards the full deployment of the wage disclosure system, in the public and the private sector, and the results obtained; and (iv) to provide information on any assessment carried out of the impact of the Affirmative Action legislation in addressing the gender pay gap.

Article 3. Objective job evaluation and its application in job-based wage systems. The Committee notes that, in reply to its previous request on this point, the Government provides information that is somewhat unrelated and partial. As regards the measures taken or envisaged to promote the understanding and implementation of the concept of work of equal value by employers, workers and their organizations, the Government refers to power of the Labour Relations Committee to determine if there has been violation of the principle of equal pay for work of equal value and to issue corrective orders. In reply to the request to provide information on the number of enterprises that have adopted performance-based pay systems and carried-out objective job evaluations, particularly in sectors in which women are predominantly employed, the Government indicates that 51.4 per cent of companies in the finance and insurance industry introduced a “gain-sharing system”, 11 per cent in information and communication, 8.2 per cent in manufacturing and 2.6 per cent in health and social welfare services. In view of the above, the Committee requests the Government to provide clarifications on the “gain-sharing system” and how it contributes to objective job evaluations and the implementation of the principle of equal remuneration for work of equal value. It also asks the Government, once again, to provide information on: (i) the measures taken or envisaged to promote the understanding and implementation of the concept of work of equal value by the employers, workers and their organizations; (ii) the number of enterprises that have adopted performance-based pay systems and carried-out objective job evaluations, particularly in sectors in which women are predominantly employed; and (iii) the measures put in place to ensure that job evaluation and the remuneration process are carried out in a gender-inclusive way to ensure that performance pay systems do not discriminate against women.

Enforcement. Labour inspection. The Committee notes the Government’s indication that inspectors exclusively in charge of “equal employment at work” have been designated in 49 regional Employment and Labour Offices nationwide with a view to accumulate expertise in investigating and inspecting gender discrimination in employment. In addition, to enhance labour inspectors’ knowledge of laws and regulations and to develop their capacity to detect and resolve cases, the Government continues to offer, every year, a training course to labour inspectors, entitled “Understanding the Equal Employment Opportunity and Work-Family Balance Assistance System”. The Committee recalls that, in its previous report, the Government had indicated that it was planning to train labour inspectors on different types of workplace gender discrimination, including wage inequality, and how to prevent them. The Government also refers to the above-mentioned power of the Labour Relations Committee to issue corrective orders in case of gender discrimination in employment (effective since May 2022). Finally, the Government states that, in 2018, labour inspections were carried out in 26,082 workplaces. The Government issued corrective orders to eight workplaces (namely 0.03 per cent) which were found to be in breach of the prohibition of gender-based wage discrimination (Articles 8 and 9 of the Equal Employment Opportunity and Work-family Balance Assistance Act). Seven of those workplaces took corrective actions and legal action was undertaken against the eighth one. The Government does not provide information on the outcome of the legal proceedings, nor on similar statistics for the following years. The Committee asks the Government to continue to provide information on: (i) the measures taken or envisaged to reinforce the capacity of labour inspectors to prevent gender pay discrimination and enforce the principle of the Convention (including the training on wage inequality previously foreseen); and (ii) the number of inspections carried out each year since 2018, the number of cases of gender-based pay discrimination detected, and the follow-up given to such cases (corrective orders and legal action, including the outcome of legal proceedings).

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

Previous comment

The Committee notes the observations of the Korean Confederation of Trade Unions (KCTU) and the Federation of Korean Trade Unions (FKTU) received, respectively, on 18 July 2022 and 8 September 2023. It also notes the comments of the Government on FKTU’s observations dated 5 October 2023.

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls, once again, that section 8(1) of the Equal Employment Opportunity and Work–Family Balance Assistance Act only provides for equal wages for work of equal value “in the same business” and that the Equal Treatment Regulation (No. 422) limits the possibility of comparing work performed by men and women to “work of a similar nature”. It notes the Government’s indication that section 4(1) of the Operational Guidelines on Equal Employment Opportunities for Men and Women, which was drawn up to ensure equal opportunities and treatment for men and women and to support workers’ work-life balance, stipulates that “work of equal value” under the Act means work of the same or similar nature between men and women compared to each other in terms of skills, efforts, responsibilities and working conditions required to perform labour, or work that is recognized as having essentially the same value by methods such as job evaluation even if the two jobs are somewhat different. It also notes the Government’s statement that extending the scope of comparison beyond the same workplace or the same company might be unreasonable or place undue burden on small business owners. Taking into consideration the extremely high and persistent gender wage gap (31.2 per cent in 2022 according to data from the Organisation of Economic Co-operation and Development (OECD)) and the occupational gender segregation of the labour market in Korea, the Committee wishes to recall that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it 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. For more information in this regard, the Committee refers the Government to its General Survey of 2012 on fundamental Conventions, paragraphs 672–675. The Committee once again urges the Government to ensure that its legal framework does not only provide for equal remuneration for equal, the same or similar work, but also addresses situations where men and women perform different work that is nevertheless of equal value, including beyond the same establishment or enterprise, so as not to hinder progress in eradicating gender-based pay discrimination.

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee also notes the observations of the Federation of Korean Trade Unions (FKTU), communicated with the Government’s report, as well as the observations of the Korean Confederation of Trade Unions (KCTU) received on 20 September 2019. It further notes the observations of the KCTU communicated with the Government’s supplementary information, as well as the comments of the Government on those observations.

Article 2 of the Convention. Practical measures to address the gender pay gap and its underlying causes. In its previous request, the Committee asked the Government to continue providing information on the measures taken or envisaged to identify and address the causes of the gender pay gap, and on the results achieved in this regard, both in the public and private sectors. In its report, the Government reiterates that job segregation in the labour market and career interruption during childbirth and childcare periods are the major reasons for the gender pay gap (on average, women with career interruptions earn 14.7 per cent less than women without such interruptions). It indicates that consequently it has taken measures to ease the burden for both male and female workers with family responsibilities and prevent career interruption for women (for example childcare leave benefits increased, greater incentive for paternity leave, childcare facilities expanded, taking greater account of gender perspective in designing transport connectivity, etc.). In this regard, the Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Workers with Family Responsibilities Convention, 1981 (No. 156). The Government recalls that companies subject to the Affirmative Action legislation enacted in 2006 (that is, companies with levels of female representation lower than the legal standard of 60 per cent of average female share in the industry) are required to set goals voluntarily to improve the employment of women. The Government indicates that, previously, only employers with low performance in affirmative action were requested to submit information on the gender pay gap as well as a plan for addressing such gap. As of 2020, this requirement is expanded to all employers. Every year, the Government publishes a list of employers that have made poor or insufficient efforts towards affirmative action. On 1 September 2020, 51 private enterprises and one public institution were named publicly. In reply to the KCTU’s observation that, as there are practically no penalties or incentives for employers who are not required to adopt measures, this system has little effect on the actual pay gap, the Government points out that it mandates all employers with affirmative action measures to submit a report on the gender pay gap in their business and to analyze the reasons for the gap. The Government concludes that this encourages businesses to improve voluntarily the gender pay gap and strengthens the effectiveness of the system. The Government emphasizes that, since 2012, the gender pay gap has been declining and that, according to the 2019 joint report from the ILO and the Organisation for Economic Co-operation and Development (OECD) “Women at Work in G20 countries: Progress and policy action”, the decline of the gender gap in the labour participation force was greater than expected in the Republic of Korea. The Government pledges to continue to implement measures to promote women’s employment, strengthening support to ensure a continuous improvement in the gender pay gap.

The Committee notes the FKTU’s and KCTU’s observations pointing out that the Republic of Korea is the OECD Member with the largest gender wage gap. According to OECD data, whereas the average gender wage gap among its Members was 13 for 2018, it stood at 34.1 for the Republic of Korea, that is 10.6 points above the country with the second highest gap. For 2019, the OECD data shows that the gender pay gap for Korea decreased to 32.5. It also notes that, according to the OECD report, the gender gap in earnings and in the incidence of low pay are partly explained by gender segregation by occupation, with women more concentrated into lower paying occupations than men. In contrast, the proportion of women in higher paying occupations, such as managers, remains low in all G20 economies, with especially low figures for the Republic of Korea, as women accounted for only around 15 per cent of all managerial jobs in 2018. In addition, the Committee notes the Government’s indication, in reply to the FKTU’s observations on pay transparency, that it is considering implementing a wage disclosure system (requiring the release of wage information by gender, employment type, occupation, etc.) after consultation with the social partners and relevant governmental offices. Finally, the Committees notes the KCTU’s observations that the main factors contributing to the gender wage gap are: (1) gender segregation and discrimination in job classification, especially in the finance sector; (2) discrimination in promotion; (3) refusal to disclose wage structures; (4) underestimation of women’s jobs; and (5) employment of women as non-regular workers. In light of the persistent gender wage gap and occupational gender segregation of the labour market, the Committee asks the Government: (i) to step up its efforts to address effectively the existing gender wage gap and more generally to achieve gender equality in employment and occupation; (ii) to continue providing information on all measures taken or envisaged to address the root causes of the gender pay gap, and the results achieved by these measures in the public and private sectors; (iii) to provide information on the progress made towards the adoption of a wage disclosure system and the results obtained; and (iv) to provide information on any assessment carried out of the impact of the Affirmative Action legislation in addressing the gender pay gap.

Article 3. Objective job evaluation and its application in job-based wage systems. The Committee recalls that, since in the Republic of Korea salaries tend to be based on years of service to a given company (annual salary system), there is still some difficulty in understanding the concept of equal value, hence its previous request for information on the measures taken to improve understanding of the concept of work of equal value among workers and employers and their organizations, in particular in enterprises that have adopted or wish to adopt an annual salary system and to promote the use of objective job evaluation methods in this context. The Committee notes the Government’s undertaking that it will continue to build a wage infrastructure for equal pay for work of equal value by developing job evaluation tools in eight sectors of the economy (including banking, healthcare, information technology, pharmaceuticals and steel) and collecting wage information by business size, sector, occupation and position. It also notes the Government’s indication that, in 2019, the “Workplace Innovation Consulting program” helped 789 enterprises in reforming and improving their wage and job evaluation systems. It further notes that, in order to support businesses’ voluntary efforts to address existing gender pay gap and raise awareness, the Government produced and distributed in 2018 a publication entitled “Equal Pay Makes Gender Equality at Work!” as well as “Guidelines for Implementation of Equal Pay” and, in January 2020, distributed a “Guideline on job-based personnel management” which includes information on how to reform wage system and best practices, job analysis and evaluation methods to introduce a human resources management system based on job responsibility and methods to simplify wage composition. The Government adds that there are continuous discussions with the social partners in the Economic, Social and Labour Council (ESCL) and industry-specific committees regarding the job-based wage system. The Committee requests the Government to continue to provide information on the measures taken or envisaged to promote the understanding and implementation of the concept of work of equal value by the employers, workers and their organizations. It also requests the Government to provide detailed information, including statistics, on the number of enterprises that have adopted performance-based pay systems and carried-out objective job evaluations, particularly in the eight sectors of the economy identified above and also in sectors in which women are predominantly employed. In this regard, it asks the Government to indicate the measures put in place to ensure that job evaluation and the remuneration process are carried out in a gender-inclusive way to ensure that performance pay systems not only do not discriminate against women, but also achieve the purpose of improved organizational performance, in both the public and the private sectors.

Enforcement. Labour inspection. In its previous comment, the Committee asked the Government to: (1) step up its efforts to improve the enforcement of the equal pay legislation; (2) provide information on the preventive and enforcement activities of labour inspectors, specifically targeting equality and equal remuneration; and (3) examine whether the applicable substantive and procedural provisions in force allow claims for unequal remuneration between men and women workers to be brought successfully. The Committee notes the information provided by the Government, notably that it offers, every year, a training course to labour inspectors, entitled “Understanding the Equal Employment Opportunity and Work-Family Balance Assistance System” and is planning to train labour inspectors on different types of workplace gender discrimination, including wage inequality, and how to prevent them. As regards enforcement, the Government indicates that, in 2018: (1) 25,000 workplaces were the subject of investigations by labour inspectors following allegations of wage discrimination; and (2) an anonymous gender discrimination reporting centre was created to facilitate the filing of claims, including against wage inequality. In addition, the Government indicates that it is in the process of amending relevant laws in order to introduce remedy procedures against gender discrimination and allow the National Labour Commission to handle allegations of gender discrimination. The Committee asks the Government to continue to provide information on the measures taken or envisaged to reinforce the capacity of labour inspectors to prevent gender pay discrimination and enforce the principle of the Convention. More specifically, it requests the Government to provide information on any legislative developments aiming to facilitate the filing and treatment of claims. The Committee also requests the Government to provide information on the results of 25,000 inspections carried out, in particular the proportion of such violations related to gender pay inequalities, the number of women workers concerned and the imposition of any civil penalties.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee also notes the observations of the Federation of Korean Trade Unions (FKTU), communicated with the Government’s report, as well as the observations of the Korean Confederation of Trade Unions (KCTU) received on 20 September 2019. It further notes the observations of the KCTU communicated with the Government’s supplementary information, as well as the comments of the Government on those observations.

Articles 1 and 2 of the Convention. Legislation. The Committee recalls that section 8(1) of the Equal Employment Opportunity and Work–Family Balance Assistance Act (previously referred to as the “Act on Equal Employment and Support for Work–Family Reconciliation”) only provides for equal wages for work of equal value “in the same business” and that the Equal Treatment Regulation (No. 422) limits the possibility of comparing work performed by men and women to “work of a similar nature”. In its last comment, in light of the persistent and high gender pay gap, the Committee urged the Government once again to take the necessary steps to bring the above-mentioned Act and Regulation into full conformity with the Convention. It also asked the Government to continue to provide statistical information on the gender pay gap. In its report, the Government recalls that: (1) since its enactment in 1997, the Regulations on Handling Work related to Equal Employment Opportunity (No. 117) have specified that two jobs which are somewhat different but are recognized as of equal value in essence according to job evaluation constitute “work of equal value”; (2) in 2013, the concept of “work of similar value” was added to the Regulations to provide a clearer standard for equal pay for work of equal value (according to article 4.1 of these Regulations, work of equal value refers to comparable jobs done by men and women which are of “equal or similar” value in terms of required skills, efforts, responsibilities, working conditions, etc.); and that (3) additionally, in 2019, the scope of application of the “provision on prohibition of wage discrimination on grounds of gender” was expanded from workplaces with five employees and more to all workplaces.

The Committee notes that, on 14 March 2019, the Korean Supreme Court held that there must be no “unreasonable” discriminatory treatment based on other circumstances that are not related to work, as well as a prohibition on wage discrimination based on social status or gender under the Labour Standards Act and the Equal Employment Opportunity and Work–Family Balance Assistance Act (Case 2015 Du 46321). In that case, the Supreme Court ruled that paying different lecture fees to full-time lecturers and to part-time lecturers constitutes “unreasonable” discrimination for a circumstance that is not related to work, and is in violation of the principles of “equal treatment and equal pay for equal work”, and thus, are invalid. While welcoming this decision, the Committee notes that the principle of equal pay for equal work upheld by the Court is narrower than the principle laid down in the Convention, as it does not give expression to the concept of equal pay for work of equal “value”, within the meaning of Article 1 of the Convention. While noting the various initiatives undertaken by the Government to promote the principle of equal remuneration between men and women workers and to reduce occupational segregation, the Committee wishes to point out that, where legislation forms part of a comprehensive approach toward the elimination of gender-based salary discrimination, it is crucial that such legislation be effective and ensure the application of the principle of equal remuneration for men and women workers for work of equal value, within the meaning of Article 1 of the Convention. The Committee urges the Government to ensure that its legal framework does not only provide for equal remuneration for equal, the same or similar work, but also address situations where men and women perform different work that is nevertheless of equal value, so as not to hinder progress in eradicating gender-based pay discrimination. In this regard, it asks the Government to provide an updated list of the provisions (legislative, regulatory or otherwise) implementing the principle of the Convention, that is to say ensuring that: (i) men and women receive equal remuneration for work of equal “value”; and (ii) the scope of comparison between men and women extends beyond the same establishment or enterprise.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Federation of Korean Trade Unions (FKTU), annexed to the report, and the Government’s reply.

Practical measures to address the gender pay gap and its underlying causes. In its observations, the FKTU indicates that the Government needs to: (i) devise a plan to establish the principle of equal pay for work of equal value and provide detailed criteria and guidelines on this principle; (ii) promote the employment of women; (iii) eliminate occupational gender segregation; and (iv) reduce non-regular employment. The FKTU adds that a majority of women are still excluded from any equality policy as the equal employment system is focused on regular work. The Committee notes that the Government reiterates that wage disparity between men and women arises from the discontinued careers of women during the childbirth and childcare periods (the gender pay gap for women between 25 and 29 years old is around 10 per cent, whereas it is 41.5 per cent for women between 40 and 44). The Government further indicates that the years of service of women workers are shorter and even if they start working again, they are highly likely to be re-employed as non-regular workers in unstable and low-paid positions. The Government indicates that it has taken several measures to address this situation: (i) a supportive programme to create decent part-time jobs and encourage flexible working-time arrangements; and (ii) a private–public partnership campaign through the Public–Private Council for Work–Family Balance to expand workplace cultures friendly to work–family balance, including when workers take child-care leave or choose to work part time. In 2014, a Substitute Worker Employment Support Service was put in place in order to facilitate the replacement of workers on parental leave. Recalling the importance of measures to address the underlying causes of the gender pay gap, in particular gender stereotyping and occupational segregation of women in lower paying and/or non-regular types of employment, the Committee also refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee asks the Government to continue providing comprehensive information on all measures taken or envisaged to identify and address the underlying causes of the gender pay gap, and the results achieved by these measures in the public and private sectors.

Article 3. Objective job evaluation and its application in job-based wage systems. The Committee notes that the Government’s report does not contain any information in reply to its previous comments regarding the use of objective job evaluation methods in order to effectively apply the principle of equal remuneration for men and women for work of equal value. The Committee therefore reiterates its request for information on the measures taken to improve understanding of the principle of the Convention and the concept of “work of equal value” among workers and employers and their organizations, in enterprises that have adopted or wish to adopt an annual salary system, and to promote the use of objective job evaluation methods in this context. The Committee also asks the Government to provide information on the number of enterprises that have adopted performance-based pay systems (annual salary systems and performance-based bonus systems) and the number of enterprises that have undertaken objective job evaluations in this context, particularly in sectors in which women are predominantly employed.

Enforcement. Labour inspection. The Committee notes the FKTU’s statement that it is necessary to assign labour inspectors at the appropriate level in each local office of the Ministry of Employment and Labour (MOEL) in order to strengthen labour inspections on maternity protection and child-care leave. The Government indicates that paid parental leave aims to alleviate the financial burden on workers during parental leave. The Committee notes that the Government also indicates that since it is possible to target workplaces and plan labour inspections using information on health insurance and employment insurance, there is no need for more labour inspectors in this regard. The Committee also notes the Government’s indications that random, regular and special inspections were conducted in 2015 in 19,791 workplaces, including 978 workplaces in which women are predominantly employed. Since 2016, the MOEL has been enhancing the capacity of labour inspectors regarding gender equality, through an education programme taking place twice a year. In view of the recent increase in the gender wage gap in all sectors, the Committee asks the Government to step up its efforts to improve the enforcement of the equal pay legislation, including through activities to raise awareness of the specific legislation and enhance the capacity of labour inspectors, judges and public officials to identify and address cases of unequal pay. It also asks the Government to provide information on the preventive and enforcement activities of labour inspectors specifically targeting equality, and in particular equal remuneration for men and women for work of equal value. The Committee once again asks the Government to examine whether the applicable substantive and procedural provisions in practice allow claims for unequal remuneration to be brought successfully.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations from the Federation of Korean Trade Unions (FKTU), annexed to the report, and the Government’s reply thereto.

Articles 1 and 2 of the Convention. Gender pay gap. Legislation. The Committee notes the statistics provided by the Government, according to which in 2015, women earned 63.8 per cent of men’s hourly wages, establishing the gender wage gap at 36.2 per cent in comparison to 35.4 per cent in 2014. With regard to wages of workers in non regular employment (workers in short-term and/or part-time employment), the Government further indicates that, in 2015, non-regular workers earned 65.5 per cent of regular workers’ hourly wages. In this regard, FKTU adds that, as of August 2015, female non-regular workers only earned 36.3 per cent of male regular workers’ wages. The Committee continues to consider that the overall gender wage gap, especially when comparing regular and non-regular workers, who are primarily women, remains significant. With respect to legislation, the Committee had noted previously that section 8(1) of the Act on Equal Employment and Support for Work–Family Reconciliation only provided for equal wages for work of equal value “in the same business” and that the Equal Treatment Regulation (No. 422), limited the possibility of comparing work performed by men and women to “work of a similar nature” further to its amendment in June 2013. With reference to its previous comments, the Committee recalls that the concept of “work of equal value” is fundamental to tackling occupational gender segregation in the labour market (according to which women and men are concentrated in different occupations and sectors of the economy) as it permits a broad scope of comparison between different jobs, including, but going beyond, equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value in its totality. Comparing the relative value of different jobs which may involve different types of skills, responsibilities or working conditions but which are nevertheless of equal value in its totality is essential in order to eliminate pay discrimination. This requires some method of measuring and comparing the relative value of different jobs. For instance, the principle has been applied to compare the remuneration received by men and women engaged in different occupations, such as wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisors (predominantly women) and garden and park supervisors (predominantly men). The Committee further recalls that the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise. It allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers (see General Survey on the fundamental Conventions, 2012, paragraphs 672–679 and 695–699). In light of the persistent and high gender pay gap, the Committee once again urges the Government to take the necessary steps to bring the Act on Equal Employment and Support for Work–Family Reconciliation and the Equal Treatment Regulation into full conformity with the Convention so as to ensure that men and women receive equal remuneration not only for “work of a similar nature” but also for work that is of an entirely different nature but nevertheless of equal value in its totality, and that the scope of comparison between men and women extends beyond the same establishment or enterprise. The Committee also asks the Government to continue to analyse and provide statistical information on the gender wage gap, including data calculated on the basis of hourly and monthly wages, and data disaggregated by industry and occupation, regular and non-regular employment, in the public and private sectors.

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the observations from the Federation of Korean Trade Unions (FKTU) and the Federation of Korean Employers (KFE), annexed to the report, and the Government’s reply thereon.

Practical measures to address the gender wage gap. Further to its observation, the Committee notes that the Government considers that the wage gap between men and women largely stems from women taking career breaks and indicates that measures have been taken to address career interruptions by women and assist women in combining work and family responsibilities, including maternity leave, childcare leave and shorter working hours, the provision of childcare services, provision of vocational training and employment services during career break, including increasing the number of New Job Centres for Women to support re-employment of women taking career breaks. The Committee recalls the importance of measures addressing the underlying causes of the gender pay gap, in particular gender stereotyping and occupational segregation of women in lower-paying or non-regular types of employment and refers in this regard to its present comment on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and its 2011 observation on the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee asks the Government to provide comprehensive information on all measures taken or envisaged to identify and address the underlying causes of the gender wage gap, and the results achieved by these measures and the measures previously indicated by the Government to reduce the wage gap between men and women in public and private sectors.

Article 3. Objective job evaluation and application in job-based wage systems. The Committee notes the Government’s indication that it is encouraging employers to adopt a merit or performance-based pay system and as part of the efforts, it has been providing consulting services to 100 workplaces in 2013; consulting services will increase to 200 in 2014 and then increase by 100 each year. The Government also indicates that participants in the “programme for Innovative Leaders” will be educated on how to improve the evaluation system of workers’ performance pay and bonus system. The Government indicates that the number of enterprises that applied the performance-based pay systems such as the annual salary system and the performance-based bonus system has been steadily increasing. The number of enterprises that have adopted the annual salary system increased from 61.8 per cent in 2009 to 66.7 per cent in 2012, while enterprises that have adopted a performance-based bonus system increased from 36.5 per cent in 2009 to 39.9 per cent in 2012. The Committee notes, however, that according to the FKTU difficulties continue to exist in ensuring compliance in female dominated industries, especially to determine to what extent the different work performed by men and women can be considered work of equal value. The FKTU indicates that since the annual salary system is very common in Korea, many difficulties exist in understanding the concept of equal value. The Committee asks the Government to provide information on the measures taken to improve understanding of the principle of the Convention and the concept of equal value, among workers and employers and their organizations, in enterprises that have adopted or wish to adopt an annual salary system, and to promote the use of objective job evaluation in this context. It also asks the Government to continue to provide information on the number of enterprises that have adopted performance-based pay systems (annual salary systems and performance-based bonus systems) and the number of enterprises that have undertaken objective job evaluation in this context. Given the very high and persistent gender wage gap, please provide information on any other measures taken to promote the application of the principle of the Convention at enterprise level in the context of human resource management and pay systems, and to indicate the results secured by such action.

Parts III and IV of the report form. Enforcement. The Committee notes that according to the FKTU, despite the fact that many workplaces are consistently monitored, it remains very difficult to apply the principle of equal value in industrial sectors or occupations in which women are predominantly employed. The Committee notes that the Government provides general information that inspections have been undertaken in workplaces in which women are predominantly employed in accordance with the 2011 Labour Inspection Plan and that a total of 1,200 workplaces were to be inspected in the first half and second half of 2013. The Government further indicates that in 2012, inspection activities covered 1,132 workplaces resulting in the detection of 6,627 violations. However, the Committee notes that out of these, none of the violations concerned wage discrimination while 5,910 violations were classified as “other violations” and apparently unrelated to unequal pay or discrimination issues. Considering the large gender wage gap and the continuing absence of violations concerning wage discrimination detected by the labour inspectorate, the Committee urges the Government to take more effective steps to improve the enforcement of the equal pay legislation, including by activities to raise awareness of the specific legislation and enhance the capacity of the labour inspectors, judges and public officials, to identify and address cases of unequal pay, and to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. Please also provide information on any new court decisions regarding the principle of equal remuneration for men and women for work of equal value as guaranteed under the legislation and the Convention.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the observations from the Federation of Korean Trade Unions (FKTU) and the Korea Employers’ Federation (KEF), annexed to the report, and the Government’s reply thereto.

Gender wage gap. The Committee notes the statistics provided by the Government, according to which in 2012, women earned 68.4 per cent of men’s hourly wages (or a gender wage gap of 31.6 per cent). While overall women’s wages improved slightly in manufacturing and wholesale and retail, the data indicate that the gender wage gap still remains largely over 30 per cent (2012 Survey on Employment-type Based Labour, Ministry of Employment and Labour). The Committee notes, however, that the FKTU provides data indicating that the gender wage gap hardly improved and even widened in some industries in which women are predominantly employed (Report on Women and Employment of the Ministry of Employment and Labour (2012)). The Committee also notes from the Government’s report that when the hourly and gross monthly wages of regular and non-regular workers are compared, female regular workers earned 62.8 per cent of male regular workers while the wage gap was considerably higher for female non-regular workers who earned 48 per cent of male regular workers’ hourly wages and 37.7 per cent of male regular workers’ monthly wages (according to the FKTU, these figures were 40.3 per cent (hourly wages) and 35.4 per cent (monthly wages) of those of male regular workers). The Committee further notes that according to the Supplementary Results of the Economically Active Population Survey in August 2012, non-regular workers (contingent, part-time and atypical workers) represented 33.3 per cent of all wage earners of whom 53.4 per cent were women; female non-regular workers represented 41.5 per cent of all female wage earners; according to the FKTU, these figures are 47.8 per cent, 53.3 per cent and 59.4 per cent, respectively. The Committee further notes the statistics provided by the Government and the KEF on the wage gap between regular and non-regular workers and the KEF’s comment in this regard that an assessment of the part of the wage gap that is due to discrimination requires an analysis that takes the characteristics of the industries and human factors into account. While noting the diverging opinions of the Government and the FKTU regarding the size of the gender wage gap, the Committee nonetheless considers that despite some positive trends, the overall hourly and monthly gender wage gap, especially when comparing regular and non-regular workers, remains significant. The Committee therefore asks the Government to continue to analyse and provide statistical information on the gender wage gap, including data calculated on the basis of hourly and monthly wages, and data disaggregated by industry and occupation, regular and non-regular employment, and in the public and private sectors.

Articles 1 and 2 of the Convention. Legislation and measures to address the gender pay gap. Regarding measures to ensure that wages in sectors and occupations in which women are predominantly employed are not set on the basis of gender-biased evaluation of the work performed, the Committee notes that the Government refers to the provisions of the “Equal Treatment Regulation” regulating wage discrimination and the yearly inspections in workplaces in which women are predominantly employed to ensure compliance with the principle of equal pay (1,132 workplaces in 2012). The Government also mentions measures to avoid career interruptions by women and assist women in combining work and family, which the Committee addresses in its direct request on this Convention. The Committee notes that the FKTU considers that difficulties remain in applying the concept of work of equal value in female-dominated industries and that the Government’s efforts in eliminating the gender wage gap are insufficient because no objective job analysis has been undertaken in these industries.

The Committee previously noted that section 8(1) of the Act on Equal Employment and Support for Work-Family Reconciliation only provides for equal wages for work of equal value “in the same business” and that the Ministry of Labour Regulation No. 422 on Handling Equal Employment Matters (Equal Treatment Regulation) and the Supreme Court ruling of 2003 (2003DO2883) on the Regulation, limited the possibility of comparing work performed by men and women to “slightly different” work. The Committee notes the Government’s statement that Regulation No. 422 was amended in June 2013 and that “the understanding of the concept of work of equal value has broadened from work of almost equal value or ‘slightly different’ work to ‘work of a similar nature’”. The Committee notes, however, that “work of a similar nature” is more restrictive than the wording required by the Convention, and the Committee underlines that the concept of equal value is fundamental to tackling occupational sex segregation as it permits a broad scope of comparison, including, but going beyond, equal remuneration for “similar” work and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee draws the Government’s attention in this regard to its General Survey, including the examples of different jobs which were found to be of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 673–675). The Committee notes the occupational sex segregation of the Korean labour market and the high gender wage gap in female dominated industries, and points out that occupational sex segregation tends to correlate with the undervaluation of “female jobs” in comparison of those of men who are performing different work and using different skills, when determining wage rates. Where women are more heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level will be insufficient (see General Survey on fundamental Conventions, paragraphs 697–698). Therefore, and in light of the persistent and high gender wage gap, particularly in sectors in which women are predominantly employed, the Committee urges the Government to take immediate steps to examine, in cooperation with workers’ and employers’ organizations, which measures are most urgently needed to reduce the gender wage gap in these sectors in an effective manner, and provide information on any progress made in this regard. It asks the Government to take the necessary steps, in cooperation with employers’ and workers’ organizations, to assess in a comprehensive manner whether wages in female dominant occupations and sectors are set on the basis of an under-evaluation of the work performed, and provide the results of this assessment. The Committee, however, urges the Government to take the necessary steps to bring the Act on Equal Employment and Support for Work-Family Reconciliation and the Equal Treatment Regulation into full conformity with the Convention so as to ensure that men and women receive equal remuneration not only for work of a similar nature but also for work that is entirely different but nevertheless of equal value, and that the scope of comparison between men and women extends beyond the same establishment or enterprise.

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

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

The Committee notes the comments from the Federation of Korean Trade Unions (FKTU), attached to the Government’s report.

Gender wage gap. The Committee recalls the high and persistent overall gender wage gap, especially when comparing data on the hourly total wages of regular and non-regular male and female workers. The Committee notes from the statistics provided by the Government that in 2009 the average monthly wages of female permanent workers in establishments with five or more full-time workers remained 33.5 per cent lower than men’s, with the gender wage gap (monthly wages) for women in their forties and fifties amounting to 40–45 per cent. The Committee welcomes the comprehensive data, disaggregated by sex, on hourly wages, and disaggregated by industry and occupation compiled in the 2009 Survey Report on Labour Conditions by Employment Type. The data show that when comparing hourly regular wages of male and female regular and non-regular workers, female non-regular workers earn 70.7 per cent of male non-regular workers and 48.6 per cent of male regular workers. When comparing data on the wage structure of permanent workers, according to occupation, the Committee notes that for most occupations, the total wage gap between men and women is largely over 30 per cent, and is particularly high for health, social and religion related occupations (46 per cent) in which women represent 80 per cent of the workers, and for education, professional and related occupations (40 per cent). Women represent 42 per cent of the clerks where the gender wage gap is 37.8 per cent; for service workers, where women constitute 61 per cent of the workers with the majority in hairdressing, wedding and medical assistance services, or cooking and food service occupations, the gender wage gap is 31 per cent. With regard to industries, the Committee notes that women are concentrated in manufacturing (which is the largest industry) with a gender wage gap of 36.8 per cent, in human health and social work activities (42 per cent wage gap), accommodation and food services (27.3 per cent wage gap), education (43 per cent wage gap), business facilities and support services (35 per cent wage gap), financial and insurance activities (36 per cent wage gap) and wholesale and retail trade (34.5 per cent wage gap). In the electricity, gas, steam and water supply, where women only represent 11 per cent, the total gender wage gap is as high as 45.8 per cent.

The Committee notes the comments by the FKTU that about 70 per cent of the non-regular workers are women and that to find trends in the gender wage gap one should look at the wages of all male and female workers, including non-regular workers. The Committee notes that in 2009, the hourly wage gap between regular and non-regular workers was the highest in wholesale and retail trade, manufacturing, and human health and social work, all industries employing a large number of women. With respect to occupations, the wage gap between regular and non-regular workers was 53.1 per cent for sales workers and 37.2 per cent for clerks and 27 per cent for service workers, where women also represent a high proportion among the workers. The Committee further notes that in a communication regarding the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) the Korean Confederation of Trade Unions (KCTU) also draws attention to data from Statistics Korea (March 2010) indicating that the ratio of female to male wages was 61.6 per cent in 2010. Wages of male non-regular workers were 47.9 per cent of male regular workers’ wages, while female non-regular workers earned only 38.3 per cent of what male regular workers earned. The Committee encourages the Government to continue to collect and provide comprehensive data on the hourly wages of men and women, regular and non-regular workers, according to industry and occupation, so as to enable a continual assessment of the evolution of the gender wage gap with a view to determining appropriate measures to address wage differentials between men and women. Given the particularly high gender wage gap in certain sectors and occupations in which women are predominantly employed, the Committee asks the Government to indicate any measures taken or envisaged to ensure that the wages in these sectors and occupations are not set on the basis of gender-biased undervaluation of the work performed in these sectors.

Articles 1, 2 and 3 of the Convention. Equal remuneration for work of equal value – comparing remuneration of jobs of a different nature. The Committee recalls that the Ministry of Labour’s Equal Treatment Regulation (No. 422), limiting the possibility of comparing work performed by men and women to “slightly different” work, appears to unduly limit the full application of the principle of equal remuneration for men and women for work of equal value as set out in the Convention. It also recalls that the Supreme Court in its ruling of 14 March 2003 (2003DO2883) accepted the restrictive understanding of the concept of work of equal value in Regulation No. 422. The Committee notes the Government’s statement that the Equal Treatment Regulation was revised on 22 June 2010 to add non-discrimination in recruitment and hiring, wages and other money and valuable goods, education, assignment and promotion, and retirement age, retirement and dismissal. The Committee points out however that the prohibition of sex-based discrimination in wages will normally not be sufficient because it does not include the concept of “equal pay for work of equal value”. The Committee recalls that the principle of the Convention encompasses work of an entirely different nature which is nevertheless of equal value. Given that the amendment of Regulation No. 422 does not appear to broaden the restrictive scope of comparison and given the very wide and persistent gender wage gap, the Committee urges the Government to take steps to amend Regulation No. 422 with a view to bringing it in to full conformity with the Convention, and to report on the progress made in this regard.

Application in job-based wage systems. The Committee notes the results of the research conducted by the Ministry of Labour emphasizing the importance of the principle of equal remuneration for work of equal value, and the use of job evaluation, in the context of job-based pay systems. Attention is drawn to wage discrimination between men and women or between regular and non-regular workers that may result from job-based pay schemes when jobs are separated according to gender and employment status, or in the case of partial job-based pay schemes in which wages are also determined by other factors (years of consecutive service, performance, etc.). The research confirms the shift towards job-based pay schemes since the adoption of the Act on the Protection, etc., of Fixed-term and Part-term Employees. However, it also draws attention to the introduction of a separate job category system linked to job-based pay schemes by some employers, thus creating job categories to which only men or women are assigned resulting in gender discrimination in terms of hiring, recruitment, assignment and so on. The Committee further notes that the Workplace Self-check Manual for Equal Pay for Work of Equal Value is being distributed to employers to use on a voluntary basis, and to prevent unfavourable treatment of workers in terms of employment and wages. The Committee asks the Government to indicate the follow-up given to the findings of the research on job-based wage systems, including measures to address the assignment of men and women to separate job categories. Please indicate the number of enterprises that have adopted job-based wage systems and in which sectors, and the number that have undertaken objective job evaluation exercises to this end. Given the very high and persistent gender wage gap, the Committee also asks the Government to provide further details on any other measures taken to promote the application of the principle of the Convention at enterprise level in the context of human resource management and pay systems, and to indicate the results secured by such action.

Application of the principle beyond enterprise level. The Committee recalls that the reach of comparison should be as wide as allowed by the level at which wage policies, systems and structures are coordinated (General Survey of 1986, paragraph 72). The Committee notes that, according to the FKTU, no progress has been made with respect to measures taken or envisaged in this regard and that it is necessary to institutionalize the application of equal remuneration for work of equal value at industry as well as enterprise level. The Committee asks the Government to indicate any steps taken to promote and ensure the application of the principle of equal remuneration for men and women for work of equal value beyond the level of the enterprise, and to report on the progress made in this regard.

Enforcement. The Committee notes the Government’s statement that since the Supreme Court’s ruling (2003DO2883) no court decision has been given on the principle of equal remuneration for men and women for work of equal value. It also notes the Government’s indication that guidance and inspection has continued to ensure compliance with the principle of equal pay for work of equal value, and that in April 2010, a team was set up by the Korea Labour Foundation to promote discrimination-free workplaces in six regions through counselling of women and fixed-term workers on various forms of discrimination in the workplace, and education of workers and employers on how to prevent it. In 2009, inspection covered 1,272 workplaces with female workers resulting in the detection of 5,679 violations, almost all of them settled through administrative proceedings resulting in redress. However, out of these, only one violation concerned wage discrimination while 4,737 violations were classified as “other violations” and were apparently unrelated to discrimination issues. The Committee further notes that, according to the FKTU, the legislation is not being strictly enforced. The Committee asks the Government to take additional measures to improve the enforcement of the legislation concerning equal pay and to increase the capacity of the labour inspectorate to detect and address cases of wage discrimination. The Committee also asks the Government to provide information on the specific activities of the labour inspectorate, the training they receive and the nature and substance of the cases addressed. The Committee also asks the Government to provide information on the results of the counselling and educational activities launched by the Korea Labour Foundation that specifically relate to promoting the application of the principle of the Convention. Please also continue to provide information on any new court decisions regarding the principle of equal remuneration for men and women for work of equal value as guaranteed under the Equal Employment Act.

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

Assessment of the gender wage gap. The Committee notes from the Government’s report that in 2007 women earned 62.8 per cent of men’s average annual wages, which amounts to a gender pay gap of 37.2 per cent (2002:36.7 per cent; 2004: 38.3 per cent). According to the 2007 Wage Structure Survey, women’s average monthly wages were 33.6 per cent lower than men’s. The gender wage gap (average monthly wages) was 10 per cent or less for women in their twenties, whereas women in their forties and fifties earned 40 per cent less than men in the same age bracket. The Committee also notes from the Government’s report that when the hourly total wages of regular and non-regular workers at the same workplace, and of the same age, level of seniority and educational background are compared, male non-regular workers earned 11.6 per cent less than regular workers, while the wage gap was considerably wider for female non-regular workers who earned 19.8 per cent less than regular workers (2007 Survey Report on Labour Conditions in Establishments). The Committee concludes that there is no discernible trend towards a narrowing of the very wide and persistent gender wage gap, with women, on average, earning less than two-thirds of the wages earned by men. The Committee asks the Government to continue to provide statistical information on the gender wage gap that will allow the Committee to assess the evolution of the gender pay gap over time, including data calculated on the basis of hourly wages, and also data disaggregated by industry and occupation, as well as age group.

Articles 1, 2 and 3 of the Convention. Equal remuneration for work of equal value – comparing remuneration for jobs of a different nature. The Committee recalls that the Ministry of Labour’s Equal Treatment Regulation (No. 422) provides that work of equal value refers to jobs which are equal or almost equal by nature or which, though slightly different, are considered to have equal value. The Committee considered that limiting the possibility of comparing work performed by men and women to “slightly different” work, as provided for in the Regulation, appears to limit unduly the full application of the principle of equal remuneration for men and women for work of equal value as set out in the Convention. The concept of “work of equal value”, as provided for in the Convention, also encompasses work that is of an entirely different nature but which is nevertheless of equal value (see general observation, 2006).

In its report, the Government once more indicates that the Ministry of Labour is planning to improve the existing regulation, but also states that it would be desirable for the concept of work of equal value to be developed through rulings of dispute settlement bodies. The Government also views the continued widespread use of seniority-based pay systems as an impediment to applying the principle of the Convention. The Committee considers that given the restrictive understanding of the concept of “work of equal value” as prescribed by Regulation No. 422 and accepted by the Supreme Court in its ruling of 14 March 2003 (2003DO2883), the courts may be unable to develop their jurisprudence on this point in a direction that would broaden the current restrictive scope of comparison. In the light of the persisting and very wide gender pay gap, the Committee recalls its 2006 general observation in which it noted that legal provisions that are narrower than the Convention’s principle hinder progress in eliminating gender-based pay discrimination against women and urged the countries concerned to amend their legislation. The Committee asks the Government to provide information on the progress made in revising the Equal Treatment Regulation No. 422 with a view to bringing it into full conformity with the Convention.

The Government previously indicated that it planned to carry out awareness-raising activities to promote the integration of the principle of equal remuneration for work of equal value in human resource management. In this regard, the Committee notes that the Government has advised some 50 enterprises on job-based wage systems since 2007 under a pilot programme. The Committee also notes that the Ministry of Labour conducted research on the application of the principle of equal remuneration for work of equal value in job-based pay systems and prepared a workplace manual on this topic. The Committee asks the Government to provide a summary of the results of the research on the application of the principle of equal remuneration for work of equal value in job-based pay systems, as well as a copy of the workplace manual. It also asks the Government to continue to provide detailed information on the measures taken or envisaged to promote the application of the principle of the Convention at the enterprise level, including its application in the context of the management and pay systems, and to indicate the results secured by such action.

Application of the principle beyond the enterprise level. In its previous comments, the Committee recalled its General Survey of 1986 on equal remuneration in which it noted that, with a view to applying the principle of the Convention, the reach of comparison between jobs performed by men and women should be as wide as allowed by the level at which wage policies, systems and structures are coordinated (paragraph 72). Noting from the Government’s report that at present no measures are being envisaged in this regard, the Committee trusts that the Government will give due consideration to this matter and asks the Government to keep the Committee informed of any progress made in promoting and ensuring the application of the principle of equal remuneration for men and women for work of equal value beyond the level of the establishment.

Enforcement. The Committee notes from the Government’s report that since the Supreme Court’s ruling of 14 March 2003 (2003DO2883) no further court decision on the principle of equal remuneration for men and women for work of equal value has been rendered. In 2007, the labour inspectorate found 11 cases of violation of the principle of equal remuneration. The Committee asks the Government to continue to provide information on the activities of the labour inspectorate to enforce the equal remuneration legislation, including information on the nature and substance of the cases addressed. It also asks the Government to provide information on any new court decision regarding the principle of equal remuneration for men and women for work of equal value as guaranteed under the Equal Employment Act.

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

1. Assessment of the gender pay gap. The Committee notes the Government’s indication that the gender pay gap (regular monthly wages plus overtime pay – excluding bonuses and performance-based pay) decreased from 35.2 to 33.8 per cent between 2002 and 2005. With regard to the total monthly earnings, the Committee notes from data published by the Ministry of Labour that the gender wage gap (regular employees) increased from 37.6 per cent in 2003 to 38.2 in 2004, and then decreased to 36.9 in 2006. The Committee also notes the comments of the Korean Confederation of Trade Unions (KCTU) emphasizing the need to examine wage disparities affecting workers according to their employment status (regular and non-regular workers). The Committee asks the Government to continue to provide detailed statistical information on the gender wage gap, as well as information on the Government’s assessment of its evolution. In this regard, please also provide information on how workers are affected by gender-based wage inequalities in relation to their status as regular or non-regular employees, and provide related statistical data.

2. The Committee notes that the gender pay gap for workers in Korea remains very wide and is a matter of concern that requires the Government’s urgent attention and action. Measures to address gender-based occupational segregation and work and family reconciliation, which are relevant to gender-based wage discrimination, are addressed by the Committee in its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Workers with Family Responsibilities Convention, 1981 (No. 156), respectively.

3. Equal remuneration for work of equal value – comparing remuneration for jobs of a different nature. In its previous comments, the Committee noted that the Supreme Court, for the first time, issued a ruling regarding gender-based wage discrimination (Supreme Court Decision SCR2002 DO3883, 14 March 2003), in which it relied on the definition of equal pay for work of equal value as contained in the Ministry of Labour’s Equal Treatment Regulation (No. 422). The Committee noted that according to that regulation and the ruling, work of equal value refers to jobs which are equal or almost equal by nature or which, though slightly different, are considered to have equal value. In this context, the Committee asked the Government to elaborate further on the meaning of the expression “slightly different”.

4. The Committee notes from the Government’s report that the notion of “slightly different” work means that comparisons of the work of men and women should be made not only when they perform the same work but also when they are engaged in different jobs and different occupational categories, which is often the case in Korea. The Government also indicated that because it was difficult in such cases to prove that gender wage differentials were due to sex discrimination, the existing government policies limit the resolution of disputes concerning remuneration of men and women performing different work.

5. While noting the Government’s explanations, the Committee considers that limiting the possibility of comparing work performed by men and women to “slightly different” work, as provided for in the Regulation and accepted by the Supreme Court, appears to limit unduly the full application of the principle of equal remuneration for men and women for work of equal value as set out in the Convention. As emphasized in its 2006 general observation, “work of equal value” also encompasses work that is of an entirely different nature but which is nevertheless of equal value. In this regard, the Committee welcomes the Government’s indication that the limited scope of application of the principle as provided for under the regulation has been recognized and that revision of the regulation’s provisions in this respect is envisaged. The Committee asks the Government to provide information on the progress made in revising the Equal Treatment Regulation (No. 422) with a view to ensuring the full application of the principle of equal remuneration for men and women for work of equal value, in law and in practice, and to continue to provide information concerning any relevant judicial or administrative decisions concerning equal remuneration.

6. Promoting and ensuring the principle’s application. The Committee notes the Government’s indication that in order to extend the application of the principle of equal remuneration for work of equal value it is necessary for businesses to modify the existing labour management system and pay systems. The Government also states that in many enterprises job appraisals were currently being carried out in the context of the introduction of merit-based pay systems and that it was offering consulting services to enterprises in this regard. Awareness-raising activities were planned to promote the integration of the principle of equal remuneration for work of equal value in human resource management. However, requiring enterprises by law to adopt objective job evaluation systems was difficult, as this would entail costs. The Committee asks the Government to provide more detailed information on the consulting services it provides, specifically indicating the manner in which these services promote respect for the principle of equal remuneration for men and women for work of equal value. In this regard, please indicate the number of enterprises that have made use of the Government’s assistance and provide examples of measures taken by enterprises in order to integrate the equal pay principle into the management and pay systems.

7. The Committee notes that according to the Federation of Korean Trade Unions (FKTU), companies do not permit workers’ representatives to participate in the elaboration of objective job evaluation systems as such matters are regarded as management prerogatives. The Government states that modifications in the labour management system and pay systems should be based on consensus with employees. However, the Government also states that according to its understanding of the situation, the involvement of workers in objective job evaluation at the workplace level was not yet fully activated. The Committee asks the Government to provide information on the measures taken to promote the collaboration with and participation of workers’ organizations in the elaboration and revision of methods for the objective evaluation of jobs.

8. The Committee notes the Government’s statement that the labour inspectors were being provided with appropriate guidance and training and that labour inspectors would continue to be active with a view to narrowing gender pay differentials that are not based on educational attainment, the job and job tenure. The Committee asks the Government to provide detailed information on the specific activities undertaken by the labour inspectorate to identify and remedy violations of the principle of equal remuneration for men and women for work of equal value, including information on the number and nature of cases of unequal remuneration detected and any remedies provided or sanctions imposed.

9. In its previous comments, the Committee noted that the principle of equal remuneration as set out in the Convention extends beyond cases where work is performed in the same establishment or business, and that this makes it possible to address discriminatory effects of horizontal occupational segregation based on sex. Noting the information provided by the Government, including the Government’s statement that the principle of equal remuneration is applied at the workplace level, the Committee asks the Government to take measures to promote and ensure the application of the principle beyond the enterprise level by ensuring that the reach of comparison between jobs performed by men and women is as wide as allowed by the level at which wage policies, systems and structures are coordinated, as indicated in the General Survey on the Convention of 1986 (paragraph 72). Please provide information on any measures taken in this regard.

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. Article 1 of the Convention. Application of the principle of equal remuneration for men and women workers for work of equal value beyond the same establishment. The Committee refers to section 8(1) of the Equal Employment Act under which any employer shall pay equal wages for work of equal value in the same business. In its previous comments the Committee pointed out that the principle of equal remuneration as set out in the Convention extends beyond cases where work is performed in the same establishment or business, and that this makes it possible to address the discriminatory effects of horizontal occupational segregation. In this regard, the Government merely repeats previous statements to the effect that the principle of equal remuneration has not been introduced at the industry level. The Committee therefore asks the Government to indicate whether any measures are being taken or envisaged to ensure that wages in sectors predominantly employing women are not set on the basis of gender-biased undervaluation of the value of the work performed in these sectors.

2. Comparing remuneration for jobs of a different nature. The Committee notes that the Supreme Court, for the first time issued a ruling regarding gender-based wage discrimination, in which it relied on the definition of equal pay for work of equal value as contained in the Ministry of Labour’s Regulation No. 422 on Handling Equal Employment Matters (Supreme Court Decision SCR2002 DO3883, 14 March 2003). The Committee notes that according to the Regulation and the ruling work of equal value refers to jobs which are equal or almost equal by nature or which, though slightly different, are considered to have equal value. In this regard, the Committee recalls that under the Convention it should be permissible not only to compare the remuneration received for equal or similar jobs, but also for jobs which are of a different nature. The Committee asks the Government to elaborate further on the meaning of the expression “slightly different”, as used in the Regulation and the Supreme Court ruling of 14 March 2003.

3. Article 2. Promoting and ensuring the principle’s application. The Committee notes from the Ministry of Labour’s Report on the Monthly Labour Survey that the gender wage gap remained very high at around 37 per cent in 2003. The Government indicates a number of factors that contribute to this: the use of seniority-based pay systems in connection with the generally shorter job tenures of women; the fact that women work less often in larger companies which pay better wages; gender discrimination; the low employment level of highly educated women (female concentration in clerical jobs), and women’s entry into jobs below or unrelated to their educational background and into irregular work following family-related career breaks. In this context, the Committee notes that the Government is taking or planning a number of measures to promote the better application of the Convention’s principle. These measures include: (1) requiring employers to justify wage differences between male and female workers; (2) strengthening labour inspection to eliminate wage discrimination; (3) affirmative action on a trial basis in public companies and government subsidiaries, to expand female employment, increase the proportion of women in managerial jobs and assign more women to main divisions; and (4) encouraging companies to address the issue of equal remuneration for work of equal value as a matter of personnel management. The Committee asks the Government to provide:

(a)   information on the steps taken to develop and implement each of the measures mentioned above, practical experience acquired, and results achieved with regard to closing the gender wage gap;

(b)    indications regarding any other measures relevant to the Convention’s application taken under the third basic plan on equal employment established by the Ministry of Labour under section 6 of the Equal Employment Act; and

(c)    statistical information on the levels of remuneration received by men and women in the different sectors, industries and occupational groups; the participation of men and women in non-regular employment (part-time, fixed-term, daily and temporary employment); their levels of remuneration; and information on developments regarding women’s job tenure.

4. Article 3. Objective job appraisal. Recalling its previous comments with regard to the promotion of objective job appraisal, the Committee notes that the Korean Women’s Development Institute’s project on this issue has not led to the development of a standard model for job appraisal but that the Institute suggested improvements to Administrative Regulation No. 422. It also notes the Government’s intention to revise the regulatory framework regarding the principle of equal remuneration in the light of these suggestions, following consultations with social partners and the Government’s expectation that companies will increasingly use job evaluation to set wages due to the fact that performance-based pay systems were on the increase. The Committee asks the Government to:

(a)   keep it informed on the progress made in improving the regulatory framework concerning the principle of equal remuneration;

(b)    continue to provide information on the introduction of objective job evaluation systems by companies and the involvement of workers’ representatives in this regard, in accordance with section 8(2) of the Equal Employment Act, as well as information on the impact of the operation of objective job evaluation on the earnings of men and women.

5. Parts III and IV of the report form. The Committee asks the Government to continue to provide information on recent cases concerning wage discrimination, decided by the Presidential Commission on Women’s Affairs and the Committee on Gender Equality Promotion of the Ministry of Gender Equality, as well as by the courts.

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

1. Article 1 of the Convention. Application of the principle of equal remuneration for men and women workers for work of equal value beyond the same establishment. The Committee refers to section 8(1) of the Equal Employment Act under which any employer shall pay equal wages for work of equal value in the same business. In its previous comments the Committee pointed out that the principle of equal remuneration as set out in the Convention extends beyond cases where work is performed in the same establishment or business, and that this makes it possible to address the discriminatory effects of horizontal occupational segregation. In this regard, the Government merely repeats previous statements to the effect that the principle of equal remuneration has not been introduced at the industry level. The Committee therefore asks the Government to indicate whether any measures are being taken or envisaged to ensure that wages in sectors predominantly employing women are not set on the basis of gender-biased undervaluation of the value of the work performed in these sectors.

2. Comparing remuneration for jobs of a different nature. The Committee notes that the Supreme Court, for the first time issued a ruling regarding gender-based wage discrimination, in which it relied on the definition of equal pay for work of equal value as contained in the Ministry of Labour’s Regulation No. 422 on Handling Equal Employment Matters (Supreme Court Decision SCR2002 DO3883, 14 March 2003). The Committee notes that according to the Regulation and the ruling work of equal value refers to jobs which are equal or almost equal by nature or which, though slightly different, are considered to have equal value. In this regard, the Committee recalls that under the Convention it should be permissible not only to compare the remuneration received for equal or similar jobs, but also for jobs which are of a different nature. The Committee asks the Government to elaborate further on the meaning of the expression "slightly different", as used in the Regulation and the Supreme Court ruling of 14 March 2003.

3. Article 2. Promoting and ensuring the principle’s application. The Committee notes from the Ministry of Labour’s Report on the Monthly Labour Survey that the gender wage gap remained very high at around 37 per cent in 2003. The Government indicates a number of factors that contribute to this: the use of seniority-based pay systems in connection with the generally shorter job tenures of women; the fact that women work less often in larger companies which pay better wages; gender discrimination; the low employment level of highly educated women (female concentration in clerical jobs), and women’s entry into jobs below or unrelated to their educational background and into irregular work following family-related career breaks. In this context, the Committee notes that the Government is taking or planning a number of measures to promote the better application of the Convention’s principle. These measures include: (1) requiring employers to justify wage differences between male and female workers; (2) strengthening labour inspection to eliminate wage discrimination; (3) affirmative action on a trial basis in public companies and government subsidiaries, to expand female employment, increase the proportion of women in managerial jobs and assign more women to main divisions; and (4) encouraging companies to address the issue of equal remuneration for work of equal value as a matter of personnel management. The Committee asks the Government to provide:

(a)  information on the steps taken to develop and implement each of the measures mentioned above, practical experience acquired, and results achieved with regard to closing the gender wage gap;

(b)  indications regarding any other measures relevant to the Convention’s application taken under the third basic plan on equal employment established by the Ministry of Labour under section 6 of the Equal Employment Act; and

(c)  statistical information on the levels of remuneration received by men and women in the different sectors, industries and occupational groups; the participation of men and women in non-regular employment (part-time, fixed-term, daily and temporary employment); their levels of remuneration; and information on developments regarding women’s job tenure.

4. Article 3. Objective job appraisal. Recalling its previous comments with regard to the promotion of objective job appraisal, the Committee notes that the Korean Women’s Development Institute’s project on this issue has not led to the development of a standard model for job appraisal but that the Institute suggested improvements to Administrative Regulation No. 422. It also notes the Government’s intention to revise the regulatory framework regarding the principle of equal remuneration in the light of these suggestions, following consultations with social partners and the Government’s expectation that companies will increasingly use job evaluation to set wages due to the fact that performance-based pay systems were on the increase. The Committee asks the Government to:

(a)  keep it informed on the progress made in improving the regulatory framework concerning the principle of equal remuneration;

(b)  continue to provide information on the introduction of objective job evaluation systems by companies and the involvement of workers’ representatives in this regard, in accordance with section 8(2) of the Equal Employment Act, as well as information on the impact of the operation of objective job evaluation on the earnings of men and women.

5. Parts III and IV of the report form. The Committee asks the Government to continue to provide information on recent cases concerning wage discrimination, decided by the Presidential Commission on Women’s Affairs and the Committee on Gender Equality Promotion of the Ministry of Gender Equality, as well as by the courts.

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

The Committee notes the information supplied by the Government in its report on the application of the Convention.

1. The Committee notes that the Equal Employment Act of 1987 has been amended by Act No. 6508 of 14 August 2001, and that section 6 of the Act as amended provides that the Minister of Labour shall establish a basic plan on equal employment, which inter alia shall include "matters on settlement of practices of paying equal wages for work of equal value". The Committee asks the Government to provide information on the formulation and implementation of this plan with regard to the application of the Convention. The Government is also asked to continue to provide information on the various measures taken by the Ministry of Labour to promote the equal remuneration for men and women for work of equal value, including the development of equal employment indicators.

2. The Committee notes from the Ministry of Labour’s Report on the Monthly Labour Survey that the wage gap between male and female regular workers remains very high (36. 5 per cent in 2002, as compared to 37.5 per cent in 2000). It continues to be higher in some sectors, such as health and social welfare, finance and insurance and within some occupational groups, with a tendency towards decreasing wage disparities with increasing levels of education. The smallest wage gap occurs at the top and bottom occupational categories, i.e., administrative and managerial workers (17 per cent) and manual workers (24.2 per cent), while the greatest gap prevails among production and related workers (39.8 per cent). Noting that the Government refers to a large number of women being employed as temporary, contract or non-regular workers as a reason for wage disparities, the Committee asks the Government also to provide statistical information on the distribution of men and women in such employment in the various sectors and their levels of remuneration.

3. The Committee also notes that, according to the Government, among the main reasons for wage disparities between men and women is the disproportionately large number of female workers engaged in simple jobs. However, the Committee observes that, while the educational and skill level of men and women naturally has an impact on their wages, the statistical information available indicates that a considerable wage gap also exists between men and women of the same educational level and within the same occupational group. The Committee asks the Government to provide information on any studies undertaken to further analyse the existing gender pay gap and any findings obtained, with a particular focus on sectors and occupational groups with the greatest disparities.

4. Recalling its previous comment with regard to the promotion of objective job appraisal, the Committee notes that the Government is carrying out research on the principle of equal pay for work of equal value, and that the results of a project conducted by the Korean Women’s Development Institute on a standard mechanism for job appraisal are expected in the near future. Noting the Government’s statement that most companies still follow seniority-based approaches to determine wages, the Committee asks the Government to provide information on the measures taken or envisaged to promote the objective evaluation of jobs as envisaged in Article 3 of the Convention, and to provide information on the outcome and follow-up to the abovementioned project.

5. The Committee recalls that under section 8(1) of the Equal Employment Act, any employer shall pay equal wages for work of equal value in the same business. It also recalls that the principle of equal remuneration for men and women for work of equal value as established by the Convention extends beyond cases where work is performed in the same establishment or business. This broader scope of comparison, which is required by the Convention, makes it possible to address the discriminatory effects of horizontal occupational segregation. In this context, the Committee recalls the Government’s statement that one of the reasons for the lower incomes of women was the fact that wages in certain occupations predominantly carried out by women are set at a lower level without reasonable justification. The Committee therefore asks the Government to indicate whether any measures are being taken to promote an objective comparison of jobs beyond a single enterprise where wages are fixed at sector level.

6. Recalling the observation submitted by the Federation of Korean Trade Unions with regard to the elimination of discrimination in employment by local authorities, vocational training institutions and other public bodies, the Committee notes the Government’s statement that wages of public officials are determined by wage regulations based on positions and seniority, without discrimination on the basis of sex. The Government also states that the Labour Standards Act applies to all workplaces where there are one or more workers. Noting that section 10 of the Labour Standards Act provides for coverage of enterprises with five or more workers, the Committee asks the Government to further clarify the scope of application of the Act.

7. The Committee thanks the Government for supplying information on recent cases concerning wage discrimination, decided by the Presidential Commission on Women’s Affairs and the Committee on Gender Equality Promotion of the Ministry of Gender Equality, and asks the Government to continue to submit information on such cases addressed by these bodies as well as by the courts.

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

The Committee notes the information supplied by the Government in its second report on the application of the Convention.

1. The Committee recalls that the various pieces of legislation establish substantial protection in law against wage discrimination based on sex. In this connection, it observes once again that, in order to apply fully the principle of the Convention, the comparison of posts must be as broad as possible and should not be confined to a single establishment or business. It therefore asks the Government to indicate whether any measures exist to promote an objective comparison of jobs which is not confined to a single enterprise, particularly where wages are fixed at sector level.

2. The Committee notes that, according to the Government’s report, women are paid lower wages than men for a variety of reasons, including the fact that women’s wages are, in general, supplementary income for households; because the costs of employing women include additional elements, such as maternity protection expense; and because certain occupations predominantly held by women are set at a lower level than those of other occupations, without reasonable justification. It notes with interest the measures taken by the Government to remedy wage inequality between men and women. In particular, it notes that the Government is setting up and monitoring, each year, a target group of companies by size of establishment; that directives are issued to individual companies to correct gender-segregated salary systems; that special inspections are made at pre-targeted workplaces twice a year; and that the Ministry of Labour has the power to publish the results of the investigation on equal employment practices made at a particular workplace where an employer violated the principle of equal pay. It asks the Government to provide information on the results achieved by these measures and the follow-up.

3. The Committee notes the extensive statistical information provided by the Government. It notes that there has been a constant decrease in the wage gap between men and women since the implementation of the Equal Employment Act, from 48 per cent in 1988 to 36.9 per cent in 1998. It also notes that, aside from a brief period in 1992, the wages growth rate has been greater for women than for men on a constant basis since 1988. However, the Committee notes that women are still poorly represented in management and professional occupations as well as in companies employing more than 1,000 employees. The Committee asks the Government to continue to provide statistical information, by sector of economic activity, occupation or occupational group, in conformity with its 1998 general observation.

4. The Committee notes, as it did in its previous direct request, that the Government adheres fully to objective job appraisals within the framework of the law as a means of promoting equal remuneration, as stated in article 5 of the Administrative Regulation on equal employment, which defines "work of equal value". The Committee asks the Government to state the measures it has adopted to encourage enterprises which use a job-based, performance-based or skill-based wage structure to incorporate an objective job appraisal methodology of remuneration into their practices.

5. The Committee, in its previous direct request, noted the observation from the Federation of Korean Trade Unions pointing out that efforts to eliminate discrimination on the basis of sex should be an obligation not just for employers but also for local authorities, vocational training institutions and other public bodies concerned. It asks the Government once again to provide information on measures directed to the abovementioned bodies in order to promote the elimination of wage discrimination based on sex, and the measures taken to protect men and women workers who are excluded from the scope of the Labour Standards Act (No. 5885) of 1997.

6. The Committee notes with interest that a new Equal Employment Counselling Desk (EECD) was set up in 1998 in each regional labour office, so that workers can file a complaint or suit against their employer in relation to gender discrimination in wages or other cash benefits, and that the Ministry is developing indicators to evaluate the employment status of men and women in workplaces with a view to offering incentives to enterprises fully complying with equal employment rules. It asks the Government to keep it informed about the activities of the EECD’s activities and the Ministry’s project to develop indicators.

7. The Committee notes the decision of the Seoul District Court of 8 January 1998, in the case of the OOO Research Institute. It asks the Government to continue to provide information on decisions made by courts or other authorities, such as the Ministry of Labour, regional labour offices or the Presidential Commission on Women’s Affairs, applying the principle of equal remuneration for work of equal value in practice.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in its first report on the application of the Convention and of the observations from the Federation of Korean Trade Unions. It asks the Government in its next report to provide further information on the following points.

1.  Article 1 of the Convention.  The Committee notes with interest that the various pieces of legislation establish substantial protection in law against wage discrimination based on sex. It observes in this connection that, in order to apply the principle of the Convention, the comparison of posts must be as broad as possible and should not be confined to a single establishment. It therefore asks the Government to indicate whether any measures exist to promote an objective comparison of jobs which is not confined to a single enterprise, particularly where wages are fixed at sector level.

2.  Article 2.  The Committee notes with interest that the Government has taken several initiatives to remedy certain practices deemed discriminatory in a number of sectors, particularly the financial sector. It also notes that, under articles 20 and 20-2 of the Equal Employment Act (No. 5933), the Minister of Labour may take specific measures vis-à-vis an employer in order to investigate whether there has been a breach of the Act. So that it may properly ascertain the nature, extent and causes of the wage differential between men and women and progress made in applying the Convention, the Committee asks the Government to provide statistical information on the average wage levels of men and women, if possible by sector of economic activity, occupation or occupational group, or level of education or qualification. It asks the Government in so doing to refer to its general observation of 1998 on the Convention.

3.  The Committee notes the observation from the Federation of Korean Trade Unions pointing out that efforts to eliminate discrimination on the basis of sex should be an obligation not just for employers but also for local authorities, vocational training institutions and other public bodies concerned. It asks the Government to provide information on measures directed to the above bodies in order to promote the elimination of wage discrimination based on sex, and the measures taken to protect men and women workers who are excluded from the scope of the Labour Standards Act (No. 5885) of 1997.

4.  Article 3.  The Committee notes with interest that the Government adheres fully to the objective job appraisal within the framework of the law as a means of promoting equal remuneration, as stated in article 5 of the Administrative Regulation on equal employment, which defines "work of equal value". It asks the Government to indicate by what means it satisfies itself that the skills required for occupations traditionally regarded as "female" are appraised on the same basis as skills traditionally considered as "male". The Committee also asks the Government to state what measures it has adopted to encourage enterprises to use the objective job appraisal system and how the latter is incorporated in the new performance-based systems of remuneration.

5.  Article 4.  The Committee notes from the Government’s report that the employers’ and workers’ organizations draw up guidelines for their members for the purpose of applying the content of the revised legislation on equal employment. It also notes that the Government promotes voluntary cooperation between workers and employers for dispute settlement and evaluating the work of the Government. It notes with interest that a project to set up a standard mechanism for job appraisal in cooperation with the workers’ and employers’ organizations is under way, and asks the Government to keep it informed of progress made in carrying out this project.

6.  Part III of the report form.  The Committee notes from the Government’s report the bodies responsible for hearing grievances about wage discrimination. It would be grateful if the Government would provide information on the complaints concerning wage discrimination received by these bodies and by the Presidential Commission on Women’s Affairs.

7.  Part V.  The Committee notes from the Government’s report that the first measures taken to apply the principle of equal remuneration for work of equal value, namely legislation, awareness-raising in enterprises and the availability of remedies for the workers affected, seem to be producing good results.