English - CEDAW Southeast Asia

CEDAW and the Law:
women, are obligated to provide separate bathroom and toilet facilities for women and men.
The incentive for tax reduction in this case must be to encourage those with high proportion
of employees of one sex to construct bathroom and toilet facilities for the other sex, and not
to simply build women’s bathroom and toilet facilities.
Recommendation: It is suggested that a review of Article 110 of the Labour Code
and its subordinate documents be conducted. It is suggested that tax reductions
relating to the following should not be made simply on the basis that the company has
a high proportion of women: (a) the 60-minute nursing break, (b) the allowance to
women after childbirth, and (c) the one-hour break for women in their seventh month of
pregnancy.
There is also a need to review the list of extra costs for hiring women as in many
cases they are not costs due to women but costs to improve general working
conditions; for example, (a) installation of anti-heat (cooling), noise-reducing or dustabsorbing
systems; and (b) building of makeshift tents on construction sites, farms
and other open-air work places. As to costs relating to setting up of crèches and
kindergartens, equipments for crèches and kindergartens, and salaries to teachers of
crèches and kindergartens, these costs must be allowed as a reduction for all
enterprises, not only for those with a high proportion of women. Further, in relation to
the costs of building women’s bathrooms and toilets, it is suggested that a legal
standard set the number of bathrooms and toilets necessary for the number of
employees of each sex to further ensure that separate bathroom and toilet facilities are
provided for both sexes, unless the total number of employees is minimal so that
shared facilities will suffice.
In relation to expenses on job-retraining for female labourers if their current jobs
are no longer suitable, it is suggested that, since men and women can freely choose
their profession, instead of expenses for the retraining, reduction should be based on
expenses for building capacity of women and to provide support for them in their
present jobs, industries or positions, most especially if they are in jobs, industries or
positions that are dominated by men. Likewise, preferential policies can be provided to
enterprises that are putting in place these support and capacity-building measures, in
place of the task of moving women from banned jobs into suitable ones.
Indicator 73
Does legislation contain an equal pay for work of equal value
provision
224
Article 63 of the Constitution provides: “Men and women shall receive equal pay for
equal work.” Article 111 of the Labour Code states: “An employer must implement the principle
of equality of males and females in respect of… wage increases and wages.” This is
elaborated in Article 18 of the Decree No. 114/2002/ND-CP of 31 December 2002 Detailing
and Guiding the Implementation of a Number of Labour Code’s Articles on Wages (Decree on
Wages) which provides for the same wage for both male and female labourers if they are
doing the same job. Article 13(1) of the Law on Gender Equality requires that men and women
be treated equally in workplaces regarding wages. There are no legal documents relating to
equal pay for work of equal value.
A view of the de facto situation in Viet Nam, however, proves otherwise. Women on average
Review of key legal documents and compliance with CEDAW