TNAG-0784-FCO40-988-Application-of-international-labour-conventions-to-Hong-Kong-1978 — Page 29

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Position Paper on I.L. Convention No. 100;

Equal Remuneration

LAB/SC/4/78

Daily and

In Hong Kong there are at present neither legislative provisions nor administrative measures giving effect to this convention. Wages are calculated on monthly, daily, or piece rates in Hong Kong. In industry, monthly-rated workers are usually employed in a supervisory capacity or in skilled jobs, Unskilled workers. are paid on daily rates while most semi-skilled production-process operatives are on piece rates. monthly rates of pay for men in industry are generally higher than those for women because of the different nature of their jobs, but no differentiation is made in respect of piece rates for the same kind of job. Because of better education generally the majority of male employees in commercial firms tend to hold more responsible positions than female employees. Consequently they are paid higher salaries.

On 1st April 1969, the Civil Service introduced a phased programme for equal pay where by its female employees doing identical work or similar work of virtually equal value as their male counterparts were to have their salaries brought up to parity with their male colleagues by progressive annual increases. Parity was achieved by 1st April 1975.

The Hong Kong Government's thinking on this issue, as stated by the Secretary for Social Services in the Legislative Council on 25.1.78, is that it has no plans to introduce legislation on equal pay for equal work by women in the private sector. The reason is that whilst Government accepts the principle of equal pay for equal work, the definition of jobs and the extent to which pay is offered by reference to the quality of the work done are more difficult to determine in practice. It is therefore felt best for the market to determine all wage levels. Nevertheless, the equal pay scheme introduced by the government has influenced some of the larger firms to follow the government's example.

Another consideration in the implementation of equal pay legislation in Hong Kong in the private sector in the near future is the lack of a suitable form of judicial machinery for enforcing such legislation. The Labour Tribunal, although effective for dealing with disputes connected with contracts of employment, is not geared to settling questions on equal pay. Legal representation for the parties in a case before the Labour Tribunal is not allowed, but it is unlikely that any case on unequal treatment could be meaningfully presented without legal representation. A new system of legal procedures including appeals to higher authority would have to be devised. Legal aid may be made available, but the case load of such nature is likely to be such as to tax to the extreme the resources available, which should be used for other cases of great urgency.

A difficulty /......