Equal pay for work of equal value, wage-setting and the gender pay gap

2020 ◽  
Vol 62 (4) ◽  
pp. 519-532
Author(s):  
Gillian Whitehouse ◽  
Meg Smith
Keyword(s):  
East Asian ◽  
Labour Markets ◽  
Gender Pay Gap ◽  
Asian Countries ◽  
Wage Setting ◽  
Equal Pay ◽  
Pay Gap ◽  
Economic Trends ◽  
Gender Based ◽  
The Impact

The principle of equal pay for work of equal value has radical potential but uneven application and impact. As one strand within the multiplicity of measures required to impede the reproduction of gender pay gaps, its strengths lie in an expanded notion of equality and capacity to challenge gendered norms embedded in wage-setting practices. Almost 70 years after the principle was given expression in the International Labour Organisation’s Equal Remuneration Convention of 1951, these strengths remain difficult to capture. This collection includes studies of advances and retreats in Australia and New Zealand, shaped by political and economic trends, changing wage-setting arrangements and varying interpretations of formal provisions. These are elaborated with examples of collective action that have redefined the problem of gender pay inequality and found pathways to redress gender-based undervaluation in the absence of a supportive regulatory framework. Studies of three East Asian countries extend understanding through stark illustrations of recurring barriers, highlighting limitations in legal expression, incompatibility of equal value measures with wage-setting norms, and the impact of highly segmented labour markets. Together the articles underline the need for interrelated reforms to formal provisions, wage-setting institutions and labour markets, and the importance of ongoing mobilisation to drive change.

Barriers to ‘equal pay for work of equal value’ for women in Japan: Assessing the potential for change

2020 ◽  
Vol 62 (4) ◽  
pp. 630-650
Author(s):  
Ayaka Beniyama
Keyword(s):  
Japanese Version ◽  
Gender Pay Gap ◽  
Job Evaluation ◽  
Wage Setting ◽  
Equal Pay ◽  
Pay Gap ◽  
Work Style ◽  
Evaluation Models ◽  
Equal Work ◽  
Legislative Measures

This article examines barriers to the principle of equal remuneration for work of equal value in Japan, reviewing impediments to the implementation of the International Labour Organisation’s Equal Remuneration Convention, and assessing whether the 2018 Work Style Reform Act–which seeks to reduce pay disparities between regular and non-regular workers through a Japanese version of ‘equal pay for equal work’–provides an alternative avenue through which stronger notions of work value and equality might become integrated into Japanese wage-setting norms and practices. This has implications for the gender pay gap, which could be addressed more effectively within a regulatory framework recognising equal pay for equal (value) work as a legal norm, as well as narrowed indirectly through improving remuneration for non-regular workers (the majority of whom are women). The analysis highlights the limits of the new legislative measures, arguing that in spite of some potential for improving pay for non-regular workers, they lack important features conducive to the pursuit of gender pay equality, in particular non-biased concepts of value, effective job evaluation models and a more inclusive gender/human rights perspective.

Employment Rights and Duties, Statutory Office Holders, and Volunteers

2021 ◽  
pp. 57-80
Author(s):  
Elizabeth George ◽  
Karen Jackson
Keyword(s):  
Police Officers ◽  
Occupational Pension ◽  
Gender Pay Gap ◽  
Equal Pay ◽  
Pay Gap ◽  
Pension Schemes ◽  
And Gender ◽  
Employment Rights

This chapter examines Part 5 of the Equality Act 2010, which prohibits discrimination, harassment, and victimization in employment and analogous situations. It contains provisions regarding those who are not strictly employees but who are also protected from discrimination in the course of performing their duties such as police officers, partners, barristers and advocates, and other office holders. Part 5 also contains the Occupational Pension Schemes provisions. Meanwhile, Chapter 3 of Part 5 contains the provisions relating to equal pay, pregnancy and maternity pay, restrictions on pay discussions, and gender pay gap information. The Act consolidates and replaces the previous anti-discrimination legislation which is largely replicated in the Act, with some notable amendments. These amendments are intended to unify the level of protection across all of the protected characteristics and to resolve any anomalies, for example around disability-related discrimination.

5. Equal Pay

2020 ◽  
pp. 163-176
Author(s):  
Astra Emir
Keyword(s):  
Burden Of Proof ◽  
Sex Discrimination ◽  
Gender Pay Gap ◽  
Equal Pay ◽  
Pay Gap ◽  
Time Limits ◽  
Sex Equality ◽  
Equal Work ◽  
And Gender ◽  
Material Factor

This chapter considers those provisions of the Equality Act 2010 that deal with equal pay. These include equality of terms and the sex equality clause (s 66); equal work (s 65), ie like work, work rated as equivalent and work of equal value; the defence of material factor (s 69); sex discrimination in relation to contractual pay (s 71); the maternity equality clause (s 73); discussions about pay (s 77); and gender pay gap reporting (s 78). Also covered are rules on jurisdiction (s 127); burden of proof (s 136); time limits (s 129); remedies (s 132); death of a claimant; and backdating awards.

Female outsiders in South Korea’s dual labour market: Challenges of equal pay for work of equal value

2020 ◽  
Vol 62 (4) ◽  
pp. 651-678
Author(s):  
Sophia Seung-Yoon Lee ◽  
Yuhwi Kim
Keyword(s):  
Labour Market ◽  
The South ◽  
Wage Setting ◽  
International Labour Organisation ◽  
Equal Pay ◽  
Pay Gap ◽  
South Korean ◽  
Equal Work ◽  
Pay Differences ◽  
Wage Increases

South Korea has a persistent gender pay gap despite its ratification of the Equal Remuneration Convention of the International Labour Organisation (ILO 100) and regulatory commitments to equal pay. This article identifies the extent to which the South Korean gendered dual labour market structure, notably the marked and gendered division between regular and irregular work, presents barriers to gender pay equality, and specifically to the implementation of equal pay principles. A layered examination of employment data, narrowing from aggregate statistics to occupations within two sub-industry groups, is used to examine how pay differences between women and men in work that is similar in content and educational requirements arise from their mode of employment, whether they are employed as regular or irregular workers. These structural divisions in the South Korean labour market are underpinned by a divided wage-setting system within which irregular workers are mostly excluded from benefits such as wage increases arising from seniority, and objective assessments of work value are lacking. In combination, these features help to explain why the principle of equal pay for equal work is breached and why limited progress has been made in meeting the requirements of equal pay for work of equal value.

EQUAL PAY FOR WORK OF EQUAL VALUE, GENDER PAY GAP AND AUDITS.

2021 ◽  
pp. 125-134
Author(s):  
Rafael García García ◽  
Miriam Judit Gómez Romero
Keyword(s):  
Gender Pay Gap ◽  
Equal Pay ◽  
Pay Gap

14. Equal Pay Law

2018 ◽  
Author(s):  
David Cabrelli
Keyword(s):  
Gender Pay Gap ◽  
Equal Pay ◽  
Pay Gap ◽  
Sex Equality ◽  
Contract Of Employment ◽  
Opposite Sex ◽  
Equal Work ◽  
The Uk ◽  
Material Factor ◽  
The Eu

This chapter examines the principle of equal pay for equal work enshrined in the Equality Act 2010 (EA). It first considers the stubbornness of the gender pay gap in the UK and the EU, as well as the justifications for intervention in the labour market via the auspices of equal pay laws. It goes on to discuss the legal machinery in the EA, which confers an entitlement on employees of one sex to the same remuneration as suitable employee comparators of the opposite sex. The focus then turns to the content of the ‘sex equality clause’—a term imposed into every employee’s contract of employment by virtue of section 66 of the EA. This is followed by a discussion of the material factor defence for employers in section 69 of the EA.

Introduction: Services Supply Chain—The Impact on Trade and Development in East Asian Countries

2019 ◽  
Vol 36 (2) ◽  
pp. 141-152
Author(s):  
Fukunari Kimura ◽  
Shandre M Thangavelu ◽  
Christopher Findlay ◽  
Lurong Chen ◽  
Keyword(s):  
Supply Chain ◽  
East Asian ◽  
Asian Countries ◽  
The Impact

Pay equity and marginalized women

2018 ◽  
Vol 33 (2) ◽  
pp. 123-137 ◽  
Author(s):  
Roopkiran Kohout ◽  
Parbudyal Singh
Keyword(s):  
Gender Pay Gap ◽  
Pay Equity ◽  
Equal Pay ◽  
Pay Gap ◽  
Content Type ◽  
Cultural Challenges ◽  
Qualitative Research Study ◽  
Organizational Barriers ◽  
Marginalized Women ◽  
Experiences Of Women

Purpose The purpose of this paper is to examine the experiences of marginalized women in achieving equal pay for work of equal value. The research focuses on Ontario, Canada, as this is a leading jurisdiction globally in implementing legislation on pay equity. It provides an opportunity to understand the lived experiences of women whom scholars have identified as particularly vulnerable in workplaces. Design/methodology/approach This is a qualitative research study. Twenty-three interviews were conducted with women defined as marginalized. Thematic analysis was used to analyze the data. Findings Three themes resulted from the analysis: early employment experiences, cultural challenges at work and inequities in pay. The authors found that not only do structural and organizational barriers limit the ability of marginalized women to achieve parity in the workplace but there also is a hidden social element that requires further investigation. Originality/value The gender pay gap is wider for marginalized women, even after three decades since pay equity legislation was implemented in Ontario. There is a dearth of research on why this is the case. This study adds to the literature by focusing on a broader set of factors, in addition to legislation, that must be considered when focusing on solutions to the gender pay gap.

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