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Equal Remuneration Convention, 1951 (No. 100) - Tajikistan (RATIFICATION: 1993)

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Observation

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Articles 2 and 3. Gender pay gap. Wage determination. Civil service. The Committee notes the Government’s indication that: (1) Government Decision No. 98 of 5 March 2008 approved the Concept of Wage Reform in the public sector, which includes the principle of equal remuneration; and (2) a unified pay scale ensures transparency and objectivity of civil servants’ remuneration, and is applied according to the Register of Public Posts. The Government further indicates that: (1) the pay scale is calculated using incremental wage coefficients from grade to grade, based on the basic wage; (2) in public bodies and enterprises, no discrimination has been identified during the course of the monitoring; and (3) in light of the rules mentioned above, women and men civil servants are paid the same amount, but despite the measures taken, there is still a (decreasing) gender pay gap. The Committee would like to draw the Government’s attention to the fact that, even if men and women civil servants are paid the same amount on the basis of a unified pay scale, inequalities in remuneration or gender bias may result from: (1) unequal access to job-linked benefits other than the basic salary (various allowances, housing, official car, etc.); and (2) the pay scale itself, even if it is applied without distinction to male and female civil servants. When pay scales are established, certain criteria used to evaluate and classify duties may favour male workers, in as much as traditionally “male” factors, such as physical effort, are still overvalued by comparison with factors relating to traditionally “female” occupations, such as care work. Where tasks are largely performed by women, the frequent undervaluation thereof results in an undervaluation of the posts in question and consequent pay inequalities to the detriment of women. Hence, when posts are classified for the purpose of establishing pay scales, it is essential that the method used for evaluating the tasks attached to the posts is based on a set of weighted objective criteria, such as qualifications (knowledge and skills), responsibility and effort (physical, mental, emotional) required by the post, and the conditions in which the work is performed (physical environment, psychological conditions). With a view to ensuring the application of the principle of equal remuneration for men and women for work of equal value in the public service, the Committee asks the Government to: (i) ensure that women and men civil servants have access to any additional benefits on an equal footing; and (ii) consider the possibility to review the unified pay scale using job evaluation methods based on objective criteria, such as skills, responsibilities, effort and working conditions, which do not favour occupations held predominantly by men or predominantly by women. The Committee also asks the Government to provide information on: (i) any legal and administrative framework enabling civil servants to claim equal remuneration for work of equal value, together with a right to claim redress when the pay scale or its implementation have been found to be discriminatory; and (ii) where possible, the distribution of men and women in in the civil service by category, and their corresponding earnings; (iii) any recent information on the remaining gender pay gap in the civil service.

Articles 2(2)(c) and 4. Collective agreements. Cooperation with employers and workers’ organizations. The Committee takes note of the Government’s indication that relations between employers and employees are regulated based on the adoption of sectoral, national and regional agreements and conclusion of collective agreements as well as implementation of the General Agreement between the Government, trade unions and the Association of Employers. The Government indicates that: (1) the current General Agreement was signed at the end of 2020 for the period 2021-23 and that section 2 of this Agreement includes measures aimed at preventing wage disparities for men and women workers; and (2) as of 1 November 2022, collective agreements were concluded in 91.2 per cent of the total number of organizations entitled to do so. The Committee notes however, that the Government does not indicate how collective agreements promote the principle of the Convention. The Committee therefore again requests the Government to indicate how collective agreements recently concluded: (i) promote the principle of equal remuneration for men and women for work of equal value; and (ii) are used to promote objective job evaluation as a means to ensure that remuneration for men and women is determined in a non-discriminatory manner. It further asks the Government to provide information on any measures taken or envisaged to co-operate with the employers’ and workers’ organizations concerned for the purpose of giving effect to the provisions of the Convention.

Awareness raising and enforcement. The Committee recalls that section 13 of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005, provides for equal remuneration for work of equal value. The Committee notes from the Government’s report on the Discrimination Convention (Employment and Occupation), 1958 (No.111), that under article 13 of the newly adopted Act No. 1890 of 19 July 2022 on Equality and the Elimination of All Forms of Discrimination, the Commissioner for Human Rights (CHR) has the powers to examine, investigate and resolve complaints; and make recommendations or take measures to reconcile the parties and in case of non-implementation of the recommendations, apply to the court for their implementation. The CHR is also charged with maintaining and analysing statistical data on cases of discrimination as well as conducting educational activities on the right to equality and elimination of discrimination. The Committee asks the Government to provide information on: (i) the measures taken to raise awareness of the principle of equal remuneration for men and women for work of equal value among workers, employers and their respective organizations as well as labour inspectors and judges; and (ii) the number and outcomes of complaints for unequal pay dealt with by the labour inspectors, the Commissioner for Human Rights and the courts.