Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Cambodge (Ratification: 1999)

Article 1(a) of the Convention. Definition of remuneration. In its previous comments, the Committee noted that the definition of “wage” set out in section 103 of the Labour Law of 1997 excludes health care, legal family allowance, travel expenses and benefits granted exclusively to help the worker do his or her job, and thus is narrower than the definition of remuneration under the Convention. The Committee had also noted previously the Government’s indication that Notification No. 230/2012 of the Ministry of Labour and Vocational Training provides for more benefits for workers in garment and footwear industries, including transportation and accommodation allowances. The Government also stated that it was not considering amending the Labour Law. The Committee notes that the Government’s report does not contain information in reply to its previous comments. It recalls that the purpose of the broad definition of “remuneration”, in particular the reference to “any additional emoluments whatsoever”, enshrined in Article 1(a) of the Convention is to capture all elements that a worker may receive for his or her work including additional allowance paid in kind (see General Survey on the fundamental Conventions, 2012, paragraphs 686, 690–691). The Committee requests the Government to indicate how the principle of equal pay for work of equal value enshrined in the Convention is applied in practice. It encourages the Government to take steps to amend the Labour Law in order to bring it in line with Article 1(a) of the Convention and report on any progress made in this regard.

Article 1(b). Work of equal value. The Committee recalls that section 106 of the Labour Law provides for equal wages for workers for “work of equal conditions, professional skill and output ... regardless of their origin, sex or age”, which is narrower than the principle set out in the Convention. It also recalls that the concept of “work of equal value” under the Convention not only encompasses equal remuneration for workers who work under equal conditions, professional skill and output, but also allows for the comparison of jobs that are of an entirely different nature, but which are nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraph 677). The Committee notes that, once again, the Government’s report does not contain information in this respect. Recalling the importance of giving full legislative expression to the concept of “work of equal value”, in order to address effectively direct or indirect pay discrimination that results from the undervaluing of work performed predominantly or exclusively by women, the Committee once again urges the Government to take steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. It hopes that progress will be made in the near future, and requests the Government to provide specific information on the concrete steps taken in this regard.

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