Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Equal Remuneration Convention, 1951 (No. 100) - Bangladesh (Ratification: 1998)

Articles 1 and 2 of the Convention. Application of the principle of equal remuneration for men and women for work of equal value. In response to its request for information regarding the application of section 345 of the Labour Act, 2006, the Committee notes the Government’s repeated general indication that: (1) the Department of Inspection for Factories and Establishments (DIFE) is responsible for enforcing the provisions of the Labour Act; and (2) it regularly provides training, awareness-raising seminars and workshops. The Government adds that the DIFE has started a project on Gender Equality and Women’s Empowerment at the Workplace, which includes training, advocacy programmes, and policy, however it does not provide specific information on their content, nor on their impact on the implementation of the principle of the Convention in practice. The Committee notes that the Decent Work Country Programme (DCWP) for 2017–20, which was extended to 2021, set as specific outcome 2.1, the promotion of the ILO fundamental Conventions, among which are the Convention, and the enhancement of constituents’ capacity for their better implementation. Noting the lack of specific information in the Government’s report, the Committee again asks the Government to provide information on the application of section 345 of the Labour Act, indicating how the terms “work of equal nature or standard or value” have been applied or interpreted in practice, including information on any cases of pay inequality dealt with by the labour inspectors, the courts or any other competent authority, the sanctions imposed and remedies granted. It also asks the Government to continue to provide information on the proactive measures taken to raise awareness of the principle of equal remuneration for work of equal value among workers, employers and their organizations, as well as among law enforcement officials, in particular in the framework of the DWCP 2017–21 and the DIFE Project on “Gender Equality and Women’s Empowerment at the Workplace”.

Article 2(2)(b). Minimum wages. The Committee notes the Government’s indication that the Minimum Wages Board has fixed minimum wages in 42 economic sectors, in line with the principle laid down in section 345 of the Labour Act. The Committee notes the Government’s repeated general statement that the Minimum Wages Board takes into consideration male and female dominated work when determining wages, and notes its statement that the question of discrimination does not arise. In that regard, the Committee wishes to stress once again that a uniform national minimum wage system can help to raise the earnings of the lowest paid, most of whom are women, and thus has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (see 2012 General Survey on the fundamental Conventions, paragraph 683). The Committee asks the Government to provide specific information on:

• (i)the method and criteria used, when determining minimum wages in accordance with section 345 of the Labour Act, to ensure that the remuneration rates are fixed free from gender bias, and in particular that the work in sectors with a high proportion of women is not being undervalued;
• (ii)any developments with respect to the coverage and rates of minimum wages; and
• (iii)any measures envisaged, including in cooperation with employers’ and workers’ organizations to set a national minimum wage rate that would apply equally to all sectors and all categories of workers.

Articles 2(2)(c). Collective agreements. Noting that the Government did not provide any information in this regard, the Committee asks once again the Government to provide information on any measures taken or envisaged, in cooperation with employers’ and workers’ organizations, to promote the principle of equal remuneration between men and women for work of equal value through collective agreements, and to provide examples of any clauses of collective agreements reflecting the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee notes that no information was provided in the Government’s report regarding approaches and methods for objective job evaluation. It notes the Government’s request for ILO training on objective job evaluation. The Committee again recalls that the effective implementation of the principle of the Convention requires some method of measuring and comparing the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skills, effort, responsibilities and working conditions, in order to avoid the assessment being tainted by gender bias. It further recalls that measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see 2012 General Survey on the fundamental Conventions, paragraph 695). The Committee asks the Government to provide information on :

• (i)any measures taken to promote, develop and implement practical approaches and methods for objective job evaluation, both in the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work; and
• (ii)any job evaluation exercise undertaken in the public sector, indicating the method and criteria used and the measures adopted to ensure that men and women receive equal remuneration not only for the same work but also for work of equal value.

The Committee encourages the Government to avail itself of the technical assistance of the Office in this regard.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Governments repeated indication that representatives of employers’ and workers’ organizations are part of the wage-setting process in the Minimum Wages Board for the private sector, in the Wage Commission for the officers and workers employed by the Government, and in the Wage and Productivity Commission for public sector enterprises. Noting that once again no information was provided by the Government in this regard, the Committee again asks the Government to provide specific information regarding the methods and criteria used during wage-setting process in the above entities. It further asks the Government to provide information on any specific actions undertaken to promote the principle of the Convention by and among the social partners.