Asia: Obligations relating to gender pay gap

Questions

Malaysia

Japan

India

Philippines

Is there an obligation to ensure pay equality across genders?

The obligation to ensure pay equality arises indirectly.

An employee can lodge a complaint with the Director General of Labour under Section 69F of the Employment Act 1955 in respect of any matter relating to discrimination in employment, including on the basis of gender pay inequality.

Yes.

The Labor Standards Act prohibits the discrimination in salary due to the reason that the worker is a woman.

Yes.

The Equal Remuneration Act, 1976 (ERA) prohibits discrimination in wages on the basis of gender. Under the ERA, employers are required to provide equal pay for equal work, irrespective of the gender of the employee. It also prohibits discrimination in recruitment, promotion, and other employment-related matters. The ERA applies to all establishments, whether public or private, that employ 10 or more workers.

Yes.

The Philippines adheres to the principle of “equal pay for equal work” which provides that persons who work with substantially equal qualifications, skill, effort and responsibility, under similar conditions, should be paid similar salaries.

Is there a gender pay gap reporting obligation?

No.

Yes, for employers with over 300 permanent employees.

Under the Act on the Promotion of Women's Active Engagement in Professional Life, an employer who hires more than 300 permanent workers is required to publicise its gender pay gap data annually within three months after the end of its fiscal year.

No.

No.