Under the Sex Discrimination Ordinance

Easy Read Guide on EqualPay between Men & WomenEasy Read Guide on Equal

Pay between Men & WomenUnder the Sex Discrimination Ordinance

for

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IntroductionUnder the Sex Discrimination Ordinance (SDO), Cap. 480, it is unlawful todiscriminate against an employee, on the ground of sex, in the terms andconditions of employment. Employers should maintain the principles of equalpay for equal work (EPEW) and equal pay for work of equal value (EPEV)between men and women, and determine the pay level of each job accordingto its value to the organization.

In order to hire and retain the right talents in a highly competitive labour marketlike Hong Kong, factors such as market situations, performance and personalcompetencies are important considerations for determining individual pay.A fair and transparent pay determination system helps to enhance staff moraleand eliminate the risks of unnecessary complaints and legal actions. It isbeneficial to both employers and employees.

This Easy Read Guide provides concise information on the concepts andprinciples relating to the implementation of equal pay in Hong Kong to enhancepublic understanding on the subject. The Equal Opportunities Commission(EOC) has also published a set of practical guidebooks for employers’reference, including:

• Guide to Employers on Equal Pay between Men & Women Under the SexDiscrimination Ordinance

• An Illustration on Developing an Analytical Job Evaluation System Freeof Sex Bias

• A Systematic Approach to Pay Determination Free of Sex Bias

• Equal Pay Self-audit Kit - A Proactive Approach for Employers to AchieveEqual Pay

Please visit the EOC website or contactthe EOC if you wish to obtain hardcopies of the guidebooks.

Enquiries : 2511-8211Fax : 2511-8142Email : eoc@eoc.org.hkWebsite : www.eoc.org.hk

Sales

Marketing

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CandyPromotion Assistant

What is "EqualWork"?EqualWork is the same or like work.

Key Responsibilities of

Promotion AssistantTo provide clerical and administrative supportto the Marketing Department, including:• To compile market data• To update research information• To monitor supply of promotional materials• To maintain records of promotionalexpenditure

Key Responsibilities of

Sales AssistantTo provide clerical and administrativesupport to the Sales Department, including:• To compile sales data• To update customer information• To monitor product supply• To maintain sales records

Both Eddie and Olive are SalesAssistants. The responsibilities oftheir jobs are the same. They areperforming the same work.

Candy is a Promotion Assistant. Thejob nature and responsibilities of Candyare similar to Eddie and Olive. Althoughtheir job titles are different, the differencesin tasks performed are indiscernible.

LikeWork

SameWork

EddieSales Assistant

OliveSales Assistant

Point to note:

In the same organization, if

two jobs are the same or tasks

performed are similar, these

jobs should be considered as

equal work even though the

job titles are different.

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What is "Equal Value"?Equal Value includes: (1) equal work; or

(2) different jobs with the same orsimilar value.

Key Responsibilities ofWaiter:• To arrange seating for customers• To suggest the choice of menu• To take and follow up on orders• To serve and attend tocustomers' needs

• To arrange payment of bills

Key Responsibilities ofBar Attendant:• To produce hot and cold beverages• To prepare simple snacks• To keep sufficient stock for the bar• To utilize the food materialeconomically

• To prepare food in a timely manner• To keep food items and the bar inhygienic, safe and tidy conditions

• To introduce new menuitems for generating moreprofit

Edna,Bar Attendant

Equal value means jobs which are assessed to be of the same value by theemployer. In order to compare the job values of a bar attendant and a waiter,we need to consider the job demands of the two positions...

Owen,Waiter

Bar AttendantWaiter

• Primary education•Primary education

•One Year relevant•One Year relevant

experienceexperience

•Preparation of drinks •General duties of

and snacksa waiter

• Knowledge on food •Customer-oriented

and

hygienecourteous

• 6-day work, 10 hours •6-day work, 10 ho

urs

per shiftper shift

•Hardworking•Hardworking

The following checklist will helpyou to determine "equal value".When you compare the value of two jobs, you shouldconsider objective factors that are free of sex bias,including:√ The purpose of the job and its contribution to thebusiness.

√ The importance of the job to the business.√ The organization structure, including reportingrelationships.

√ The job requirements, including education,experience, skills and working conditions, etc.

√ Whether the skills sets are interchangeable.√ The assessment is about the job, not the person.

Based on the job duties, here are thejob requirements of a bar attendantand a waiter:

In this example, the job purposeand duties of Bar Attendant andWaiter are different. However, theemployer dec ides that thecontribution of both jobs are thesame to the café. The skills, efforts,responsibi l i t ies and workingcondit ions are also similar.Therefore, they are considered asjobs of "equal value".

Point to note:

Employers have the responsibility

to determine the values of all jobs.

Employers may decide the factors

and standards for measuring jobs

that are appropriate to the

organization, according to the

business nature and reasonable

requirements. These factors must

be free of sex bias. 5

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What is "Equal Pay"?Under the SDO, it is unlawful to discriminate against an employee on theground of his/her sex by treating him/her less favourably in the terms andconditions of employment. The pay package may include: cash and othercomponents of pay, such as basic salary, bonus, overtime payment, leave,medical benefit, MPF contribution, etc.

Pay should be determined on the basis of established job value. Employersshould apply consistent criteria on men and women when developing andimplementing good practices on EPEW and EPEV.

$8,000$8,000 $8,000$8,000

Waiter Bar Attendant

SkillsEfforts

ResponsibilitiesWorking conditions

C+C+

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The salary of individual employees performing work of equal value in thesame organization may be differentiated by objective factors, such asperformance, seniority, market situations, etc. These factors should be clearlyestablished by the employer according to reasonable needs of individualorganizations.

Point to note:

Employers should not be

influenced by gender

stereotypes and the sex of

job holders in the process

of pay determination.

Seniority5

years

Seniority5

years

Seniority10

years

Seniority10

years

MarketMarketMarketMarket

performance

Jobvalue

Jobvalue

$10,000

Salary

$8,500AAA

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Complaints of EPEW or EPEV underthe SDODuring year-end salary review...

Owen• Supports wife and children• Breadwinner of the family

Edna• Supported by husband• Better off financially

The performance of bothEdna and Owen weregood. But Owen may needto support his family......Ok, let's give him a higherincrease.

Edna was upset by the employer's decision. She thought thatthe employer had discriminated against her on the ground ofher sex by giving her less increase in pay. She therefore lodgeda sex discrimination complaint with the EOC.

Meanwhi le, Chr is t ie thedishwasher in the café, alsolodged a complaint with the EOCbecause her salary increase wasless than Owen's...

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SalarySalary

This is outrageous! My employersaid that my job was of the samevalue as Owen's. We joined thecafé on the same day and ourentry salaries were the same.Although my performance was asgood as Owen's, he got a highersalary increase. The employertold me to be more understandingand considerate about Owenbeing a male...

...But that's not fair!

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Complaint ProceduresInformation to be provided by the complainant tothe EOCA complainant should provide the following information to supporthis/her allegation(s):

1. Identify a comparator within the same organization (the comparator mustbe an employee of a different sex)

2. Reason(s) to support that the complainant and the comparator are performingequal work or work of equal value

3. Reason(s) to support his/her belief that he/she is not receiving equal payfor equal work or work of equal value

4. Element of pay in which he/she is being treated less favourably, such assalary increase, bonus, leave, etc.

5. Reason(s) to believe that the less favourable treatment is on the groundof his/her sex

1. Comparator :

Owen(Male),

waiter ofEquality

Café

2. Job value of dis

hwasher≠ Job

value ofwaiter

3. I thinkOwen's s

alary increase

is higherthan min

e

4. Salaryincrease

5. Not sure

The complainant is not able to

provide sufficient information for

further investigation into her EPEW

or EPEV complaint under the SDO.

Christie

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1. Comparator : Owen(Male),waiter of Equality Café2. Job value of bar attendant =Job value of waiter3. Owen is given higher salaryincrease than me4. My performance is as good asOwen's but my salary increaseis less

5. My employer thinks men haveheavier financial burdenThere is sufficient information

for further investigation.

Investigation and Conciliation

Based on the merits of individual complaints,the EOC would conduct investigation andendeavour to settle the complaints by wayof conciliation as appropriate.

Legal Assistance

If a case is not settled, the complainant may consider to apply for legalassistance from the EOC. The Legal and Complaints Committee of the EOCwill consider the case and decide whether to grant legal assistance. Alternatively,the complainant may consider to apply for legal aid from the Legal AidDepartment or to take legal action on his/her own.

Edna

Point to note:Complaints on EPEW/EPEVunder the SDO must be onthe ground of sex.

Printed by Equal Opportunities Commission 12/2008

Good Equal Pay Pra

ctices

1. Apply consistent

criteria tothe determ

ination ofpay for m

ale

and female employe

es performing equal

work or work of equ

al

value.

2. Reviewpay practi

ces to ensure that th

ey are free of sex b

ias.

3. Make sure that e

mployeesunderstan

d how payis determ

ined

including:

• Gradingof differen

t jobs

• Factorsto differe

ntiate individual pa

y (such as seniorit

y,

performance, etc).

4. Maintain records

of pay decisions.

5. Encourage emplo

yees to make enqui

ries on pay issues t

o the

organization.

6. Make reference t

o relevantpublicatio

ns issuedby the EO

C.

RecommendedRecommended

Gee, without transparent paypolicies, employees may beconfused and start filingcomplaints. I think I shouldset up a pay system toensure my pay decisions arefree of sex bias, and havebetter communication withmy employees...