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A difficulty which exists and which cannot be easily resolved in Hong Kong in the consideration of enacting equal pay legislation is the definition of "remuneration", which applies not only to the basic wage but also any supplements there to which go to make up the total earnings from a job and are measured on the basis of the job. The definition of "remuneration" would need to be exhaustive as the ILO Committee of Experts has said that the term "pay" should be defined with adequate rigour.
In countries where a woman's ability in most types of employment has been generally accepted as equal to a man's, and where the principle of equal pay for work of equal value is widely understood and accepted so that only promotional efforts are necessary to further advance the principle, as in the U.K., a definition which provides for equality of treatment as regards terms and conditions of employment, without enumerating such terms and conditions, would be adequate. However, in Hong Kong where the principle is less well understood and accepted, especially by small employers in the commercial and retail business, a rigorous definition of "remuneration" would be required, otherwise it would give rise to a large number of claims involving individuals. An exhaustive and clearcut definition of "remuneration" which could be easily enforceable involving all the various elements of payment in kind would be very difficult to draft.
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