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Equal Remuneration Convention, 1951 (No. 100) - Cyprus (RATIFICATION: 1987)

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Observation

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Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap. The Committee notes from the Government’s report that the gender pay gap was 9 per cent in 2020 (compared to 11.2 per cent in 2017). It also notes the Government’s indication that, since 2014, a National Certification Body composed of the Gender Equality Commissioner and representatives of employers’ and employees’ associations grants certifications to companies adopting policies that promote gender equality in the workplace, and especially pay equality. The Government adds that the Ministry of Labour and Social Insurance engages in various activities contributing to raising public awareness of the gender pay gap, such as a recent online campaign and a discussion panel entitled “The gender pay gap between men and women – The current situation and concerns for the future” during the 2022 Equal Pay Day. The Committee observes, however, that Eurostat data show that, despite the slight decrease of the unadjusted gender pay gap from 10.4 per cent in 2018 to 9.7 per cent in 2021, the unadjusted pay gap in the private sector remains very high (19.3 per cent in 2021). It further observes that, according to the “Average Gross Monthly Earnings by Branch of Economic Activity and Sex” survey, issued by the Statistical Service of Cyprus (CYSTAT) in 2021, the gross monthly earnings of men are significantly higher than the earnings of women in female-dominated sectors, such as education (€2,849 for men compared to €1,666 for women) or human health and social work activities (€2,436 for men compared to €1,562 for women). In addition, the gross monthly earnings of men are also much higher than the earnings of women in sectors were men and women are equally represented, such as financial and insurance activities (€4,422 for men compared to €3,060 for women). Noting the decreasing – yet still important – gender pay gap, the Committee encourages the Government to continue its efforts in taking measures to reduce it, including measures to address the occupational gender segregation and awareness-raising measures, and to provide detailed information on the subject. In light of this persistent gender pay gap and gender segregation of the labour market, it asks the Government to provide updated statistical information on the earnings of men and women, both in the public and private sectors, disaggregated by economic activity and occupation, and on the participation of men and women in education and training, as well as in employment and occupation, disaggregated by occupational categories and positions.

Article 2(2)(a). Minimum wages. The Committee notes the Government’s indication that, since 1 January 2020, the Minimum Wage Order No. 6/2020 for the Hotel Industry sets the minimum monthly gross wage for the various categories of workers in the hotel industry between €870 and €1,070. It also notes the adoption of the Minimum Wage Order No. 350/2022, which introduced a national minimum wage taking effect on 1 January 2023. According to this order, the minimum monthly gross wage is set at €885 for all full-time employees, and at €940 for full-time employees with at least 6 months of seniority within the same company (article 5). The Committee observes, however, that the national minimum wage does not apply to certain groups of workers, notably to domestic workers and workers in the shipping, farming and livestock handling sectors (article 3.2). In this regard, it draws the Government’s attention to the fact that the exclusion from the application of the minimum wage of female-dominated groups, and particularly those that are the most vulnerable to wage discrimination, such as domestic and agricultural workers, may constitute an indirect discrimination against women (see General Survey on fundamental Conventions, 2012, paragraph 684). The Committee requests the Government to: (i) provide statistical data on the percentage of men and women receiving the national minimum wage introduced by the Minimum Wage Order No. 350/2022; (ii) indicate the reasons for excluding domestic workers, as well as workers in the shipping, farming and livestock handling sectors, from the national minimum wage; and (iii) provide information on the measures taken or envisaged to ensure that the principle of equal remuneration for men and women for work of equal value also applies to these categories of workers.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee takes note of the Government’s reiterated indication that training was provided to members of trade unions and employers’ organizations regarding the promotion of equal pay in the collective bargaining process, and that a guide was issued and disseminated involving practical ways of promoting pay equality while engaging in collective bargaining. Recalling the important role that can be played by collective agreements in the application of the principle of equal remuneration for men and women for work of equal value, the Committee once again asks the Government to provide: (i) specific information on the impact of the training delivered to social partners and the guide on the promotion of equal pay in collective bargaining, with respect to the principle of the Convention; (ii) summaries of the provisions included in collective agreements regarding equal remuneration for men and women for work of equal value; and (iii) information on any other specific initiatives undertaken to promote the implementation of the principle of the Convention with the cooperation of the social partners, and on the results of such initiatives.

Article 3. Objective job evaluation. The Committee notes the Government’s general statement that the Department of Labour Relations of the Ministry of Labour and Social Insurance is currently working on objective job evaluation tools and measures, considering good practices from other countries. It observes, however, that in its 2022 Country Report on Gender Equality, the European Network of Legal Experts in Gender Equality and Non-Discrimination of the European Commission underlined that “job evaluation and classification systems are rare in Cyprus” and that “there are no good practices in this area”. The Committee wishes to remind the Government that the effective implementation of the principle of equal remuneration for men and women for work of equal value requires some method of measuring and comparing the relative value of different jobs free from gender bias, on the basis of entirely objective and non-discriminatory criteria such as skills, effort, responsibilities and working conditions. It also recalls that measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see General Survey on the fundamental Conventions, 2012, paragraph 695). The Committee therefore once again asks the Government to provide information on the specific measures taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs, both in the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensuring the effective implementation of the principle of the Convention.

Enforcement. The Committee takes note of the Government’s indication that, during the period 2010-2021, inspections were carried out on the basis of a target set at 200 to 300 inspections per year. The Government adds that the inspectorate’s role was focused on requesting data aiming at detecting direct pay discrimination, as well as on providing information and guidance to both employers and employees on the provisions of the legislation related to equal pay for men and women. The Committee observes, however, that since 2019 only 4 equal pay complaints have been filed before the Ministry of Labour and Social Insurance, and that no relevant complaints have been investigated by the Ombudsman’s Office. It further notes from the 2022 Country Report on Gender Equality, conducted by the European Network of Legal Experts in Gender Equality and Non-Discrimination of the European Commission, that there is no case law or equality body decisions related to equal pay between men and women. In this regard, the Committee recalls that, were no (or very few) cases or complaints are being lodged in the area of pay discrimination, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (General Survey on the fundamental Conventions, 2012, paragraph 870). The Committee therefore again asks the Government to continue to provide detailed information on: (i) the activities carried out by the labour inspectorate on equal remuneration, including information on the annual target for inspections on equal pay; (ii) the number, nature and outcome of any cases or complaints concerning inequality of remuneration dealt with by the labour inspectors, the Ombudsman’s Office or the courts, as well as on the sanctions imposed and the remedies granted; and (iii) any initiatives undertaken to raise public awareness of the relevant legislative provisions and the procedures and remedies available, as well as to increase the capacity of women, including migrant women, to better understand and claim their rights.