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Other measures to promote the principle of the Convention. The Committee notes the Government’s explanations that actual wage differences between men and women are due to the fact that women use their right to work part time in order to give more time to family responsibilities and childcare, and to the fact that they are not engaged in jobs involving harmful and strenuous working conditions (e.g. underground work), for which an increased wage is foreseen. The Committee recalls that household and family responsibilities being primarily borne by women contributes to women often entering into jobs and occupations, including part-time work, which have fewer career prospects and are lower paid. The Committee notes that Ukraine has ratified the Workers with Family Responsibilities Convention, 1981 (No. 156), and that the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men, 2006, makes the ensuring of equal opportunities for men and women in respect of combining work and family responsibilities an explicit objective of state policy on gender equality (section 3). With respect to the prohibition of women in jobs involving harmful and strenuous work, it should be recalled that protective measures that exclude women from certain types of employment and occupation may be contrary to the principle of equality and contribute to gender differences in remuneration, if they are not strictly justified by the need to protect maternity and if they are based on gender‑biased views on the type of jobs women should perform. The Committee refers in this regard to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to indicate the practical measures taken to assist women in better harmonizing work and family responsibilities, and to promote a better sharing of family responsibilities between women and men, so as to enable women to enter into better paid occupations. The Committee further asks the Government to undertake an in‑depth analysis of the nature and extent as well as the specific causes leading to gender differences in remuneration in the private and public sectors, and to report on the results achieved.

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Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. The Committee recalls its previous observation noting that section 17 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men, 2006, requiring the employer to ensure equal pay for men and women for work involving equal skills and working conditions is more restrictive than the principle of equal remuneration for men and women for work of equal value as set out in the Convention. Furthermore, by linking the right to equal remuneration for men and women to two specific factors of comparison (skills, working conditions), the Committee considered that section 17 may have the effect of discouraging or even excluding objective job evaluation on the basis of a wider range of criteria, which is crucial in order to eliminate effectively the discriminatory undervaluation of jobs traditionally performed by women. The Committee consequently urged the Government to take the necessary steps to amend the legislation to give full legislative expression to the principle of equal remuneration for men and women for work of equal value.

The Committee notes that the Parliamentary Committee on Social Policy and Labour, with the support of the Project “Gender Equality in the World of Work in Ukraine”, co-funded by the European Union (EU) and the International Labour Office (ILO), organized on 27 May 2010, a high-level round-table discussion on the implementation of Convention No. 100 and of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), which included a discussion on the Committee’s comments regarding the application of the Convention. The Committee notes that this event resulted in the adoption of specific recommendations intended to serve as a roadmap for the authorities and the social partners in bringing the national gender equality legislation into compliance with international labour standards. The Committee asks the Government to take the necessary steps to follow-up on the recommendations approved by the Parliamentary Committee on Social Policy and Labour with a view to giving full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee further asks the Government to provide information on the implementation and enforcement of the current equal remuneration provisions of section 17 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men, 2006, including information on the number and outcome of any relevant cases dealt with by the competent administrative authorities or the courts.

Articles 2(2)(c) and 4. Collective agreements. The Committee recalls that section 18 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men, 2006, provides that collective agreements at the different levels should include provisions which ensure equal rights and opportunities for women and men and that agreements should, inter alia, envisage the elimination of inequality in the remuneration of the labour of men and women, wherever it exists. The Committee notes that one of the recommendations adopted by the Parliamentary Committee on Social Policy and Labour was for the parties to the General Agreement to reproduce the gender equality principle in the Agreement pursuant to section 18 of the Law of 2006. The Committee asks the Government to indicate the follow-up by the social partners to the insertion of a gender equality provision in the General Agreement, including on equal remuneration for men and women for work of equal value, as well as any other steps taken by the Government to cooperate with the social partners to ensure that collective agreements promote equal remuneration for men and women for work of equal value, as well as examples of relevant provisions of collective agreements.

Article 3. Objective job evaluation. The Committee notes the Government’s description of the manner in which wages are being established, notably that official salary rates are established based on the complexity of the work, the organizational and legal level of a position, the functions and working conditions, and that wages in sectoral agreements are broken down by occupation and occupational qualifications without making distinctions between men and women. The Government adds that wage and salary levels are therefore established irrespective of gender. The Committee notes that it continues to remain unclear whether the methods used to evaluate the work performed in the different jobs and occupations are appropriate to eliminate gender bias in determining wage rates, including the undervaluation of jobs and occupations that are predominantly carried out by women, resulting in lower wages compared to those applying for jobs and occupations predominantly carried out by men. The Committee asks the Government to take specific measures to promote the use of objective job evaluation methods free from gender bias with a view to promoting and ensuring the establishment of wages and salary scales in accordance with the principle of equal remuneration for men and women for work of equal value.

Statistical information. The Committee notes from the Government’s report that, according to data from the State Statistics Committee, monthly wages in 2009 were 1,677 Ukrainian Hryvnia (UAH) for women and UAH2,173 for men, reflecting a monthly wage gap of 23 per cent (compared to 27.3 per cent in 2007). While noting that the gender wage gap with respect to average monthly wages appears to be decreasing, the Committee notes that the gender wage gap is still very high. The Committee further notes that one of the recommendations adopted by the Parliamentary Committee on Social Policy and Labour is to ensure the collection and analysis of statistical data, particularly on the wages of men and women at the various grades and levels of the civil service, by occupational groups, and in the private and public sectors in accordance with the general observation on this Convention of 1998. The Committee asks the Government to make every effort to collect, analyse and supply statistical data on the earnings of men and women, in as much detail as possible, including data on the earnings in the different economic sectors and occupations in the private and public sectors.

The Committee is raising other points in a request addressed directly to the Government.

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Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. The Committee previously noted that section 17 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men 2006, which requires the employer to ensure equal pay for men and women for work involving equal skills and working conditions, is more restrictive than the principle of equal remuneration for men and women for work of equal value, as set out in the Convention. The Committee recalls that jobs performed by a man and a woman may involve different skills and working conditions, but may nevertheless be jobs which are of equal value and thus would have to be remunerated at an equal level. Further, by linking the right to equal remuneration for men and women to two specific factors for comparison (skills, working conditions), section 17 may have the effect of discouraging or even excluding objective job evaluation on the basis of a wider range of criteria, which is crucial in order to eliminate effectively the discriminatory undervaluation of jobs traditionally performed by women. In addition to skills and working conditions, factors such as physical and mental effort and responsibility are important and widely used criteria for the objective evaluation of different jobs.

Noting that the Government’s report contains no information in reply to the Committee’s previous comments on these issues, the Committee recalls its 2006 general observation in which it stressed that legal provisions which are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination against women. The Commitee urges the Government to take the necessary steps to amend the legislation to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to indicate the steps taken or envisaged in this regard, and it also reiterates its request to the Government to provide information on the implementation and enforcement of the equal remuneration provisions of section 17 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men 2006, including information on the number and outcome of any relevant cases dealt with by the competent administrative authorities and the courts.

Article 2(2)(c), and Article 4. Collective bargaining. Section 18 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men 2006, provides that collective agreements at the different levels should include provisions which ensure equal rights and opportunities of women and men and that agreements should, inter alia, envisage the elimination of inequality in the remuneration of labour of men and women, wherever it exists. Noting that no information was provided in reply to the Committee’s previous requests in this regard, the Committee once again asks the Government to provide detailed information on the implementation of these provisions, including information on how collective agreements promote equal remuneration for men and women in accordance with the Convention, as well as examples of relevant provisions of collective agreements.

Article 3. Objective job evaluation. Noting that no information has been provided in response to the Committee’s previous comments on the application of this Article, the Committee once again asks the Government to supply information on the measures taken to promote the use of objective job evaluation methods, free from gender bias.

Statistical information. The Committee notes from the Government’s report that according to data from the State Statistics Committee, monthly wages in 2006 were 885 Ukrainian Hryvnia (UAH) for women and UAH1,216 for men. In 2007, wages were UAH1,150 for women and UAH1,578 for men. The Committee notes that according to these figures women earned around 27 per cent less than men in 2006 and 2007. The Committee asks the Government to continue to provide statistical data on the earnings of men and women, in as much detail as possible, including data on the earnings in the different sectors and occupations.

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1. Determination of remuneration and objective job evolution. The Committee notes that the Government provides no new information regarding this matter. The report again states that the wage and salary scales approved by the Cabinet of Ministers are established on the basis of the complexity of work, the organizational and legal level of a position, functions performed and working conditions, and that the sectoral agreements apply the principle of equal remuneration for work of equal value by determining wage rates for specific occupations on the basis of the level of professional qualifications.

2. The Committee notes that the manner in which wage rates are established, as described by the Government, may ensure to some extent non-discriminatory wages and salaries for men and women, but it remains unclear whether the methods used to evaluate the work performed in the different jobs and occupations are appropriate to eliminate gender bias in the determination of wage rates. The Committee recalls that the Convention envisages the promotion of objective job evaluation methods as an important tool to prevent the gender-biased undervaluation of jobs and occupations that are predominantly carried out by women, resulting in lower wages as compared to those applying to jobs and occupations predominantly carried out by men. The Committee therefore asks the Government to supply information on the measures taken to promote the use of objective job evaluation methods, free from gender bias, with a view to promoting and ensuring the establishment of wage and salary scales in accordance with the principle of equal remuneration for men and women for work of equal value.

3. Statistical data. The Committee notes that despite its detailed previous comments on this matter, the Government’s report does not contain any statistical information on remuneration received by men and women. The Committee emphasizes that in order to promote a better application of the Convention, efforts are needed to strengthen the analysis of sex-based wage inequalities on the basis of appropriate statistical data. In this respect, the Committee notes that under article 5 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men 2006, the central governmental body in the field of statistics shall ensure the collection, processing and analysis of statistical data concerning the conditions of women and men in all spheres of life and society, and that such data shall be an integral part of statistical reporting by the State.

4. In this context the Committee recalls that it requested governments in its 1998 general observation on this Convention to collect and provide in their reports the fullest possible statistical information, disaggregated by sex, with regard to the following:

(i)    the distribution of men and women in the public sector, the federal and/or state civil service, and in the private sector by earnings levels and hours of work (defined as hours actually worked or hours paid for), classified by: (1) branch of economic activity; (2) occupation or occupational group or level of education/qualification; (3) seniority; (4) age group; (5) number of hours actually worked or paid for; and, where relevant, by (6) size of enterprise and (7) geographical area; and

(ii)    statistical data on the composition of earnings (indicating the nature of earnings, such as basic, ordinary or minimum wage or salary, premium pay for overtime and shift differentials, allowances, bonuses and gratuities, and remuneration for time not worked) and hours of work (defined as hours actually worked or paid for), classified according to the same variables as the distribution of employees (points (1) to (7) of paragraph (i) above).

5. Where feasible, statistics on average earnings should be compiled according to hours actually worked or paid for, with an indication of the concept of hours of work used. Where earnings data are compiled on a different basis (e.g. earnings per week or per month), the statistics on the average number of hours of work should refer to the same time period (that is, by week or by month).

6. The Committee asks the Government to bring this comment to the attention of the central state body responsible for statistics and to provide in its next report information on the implementation of article 5 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men 2006 as far as statistical data concerning the earnings of men and women is concerned. The Government is asked to provide full statistical data, as far as possible as set out above, in its next report.

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1. Articles 1 and 2 of the Convention. The principle of equal remuneration in national legislation. Recalling its previous comments recommending that the Government consider giving full legislative expression in the Labour Code to the principle of equal remuneration for men and women for work of equal value, the Committee notes that section 17 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men 2006, requires the employer to ensure equal pay for men and women for work involving equal skills and working conditions.

2. The Committee notes that the new equal remuneration provisions constitute progress in two ways: (1) they assign responsibility to the employer to ensure equal remuneration; and (2) they appear to allow for comparison of remuneration received by men and women performing different jobs, as long as they involve equal skills and working conditions, thus taking the content of the job as the point of departure for comparing levels of remuneration.

3. However, the Committee also notes that by referring to equal skills and working conditions rather than to the broader notion of work of equal value, the new provisions appear to be more restrictive than the principle of equal remuneration of the Convention. The Committee recalls that a job performed by a man and a woman may involve different skills and working conditions, but may nevertheless be of equal value and thus would have to be remunerated at an equal level. Further, linking the right to equal remuneration for men and women to two specific factors for comparison (skills, working conditions), the new provisions may have the effect of discouraging or even excluding objective job evaluation on the basis of a wider range of criteria, which is crucial in order to eliminate effectively discriminatory undervaluation of jobs traditionally performed by women.  In addition to skills and working conditions, factors such as effort and responsibility are important and widely used criteria for objective evaluation of jobs, as set out in the Committee’s 2006 general observation on this matter.

4. The Committee hopes that the Government will continue to make efforts to review and strengthen its legislation to apply the Convention and asks the Government to consider further strengthening the legislation by introducing provisions that would explicitly set out the principle of equal remuneration for work of equal value, as contained in the Convention, and promote effectively objective job evaluation as a means of implementing the principle in practice. The Committee asks the Government to provide information in its next report on any measures taken in this regard, as well as information on the implementation of the equal remuneration provisions of section 17 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men, including any relevant administrative or judicial decisions.

5. Articles 2(2)(c) and 4. Collective bargaining. The Committee notes that section 18 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men 2006, provides that collective agreements at the different levels should include provisions which ensure equal rights and opportunities of women and men and that agreements should, inter alia, envisage the elimination of inequality in the remuneration of labour of men and women, wherever it exists. The Committee asks the Government to provide detailed information on the implementation of these provisions, including information on the specific measures taken to ensure that collective agreements promote equal remuneration for men and women in accordance with the Convention, as well as examples of relevant provisions of collective agreements.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes the Government’s response to the communication dated 31 August 2004 received from the Confederation of Free Trade Unions of Ukraine (KSPU).

1. Articles 1 and 2 of the Convention. Legislative developments. The Committee notes the Government’s indication that, under section 4 of the draft Labour Code, all forms of discrimination are forbidden, including direct or indirect restrictions of workers’ rights on the basis of sex unrelated to the nature and conditions of the job. Section 217 of the draft Labour Code provides that any salary reduction for discriminatory reasons is forbidden. While welcoming these provisions, the Committee asks the Government to consider the possibility of giving full legislative expression in the Labour Code to the principle of equal remuneration for men and women for work of equal value, as set out in the Convention.

2. Articles 2 and 3. Practical application. The Committee notes the statistical information provided by the Government on the average monthly wages received by men and women according to sectors for 2003 and 2004. Between January and March 2004, women’s wages, on average, were 31.5 per cent lower than men’s. The gender wage gap was widest in postal services and telecommunications (40.4 per cent) and narrowest in fishing (2 per cent). In the two sectors employing the largest number of workers, manufacturing and education, the wage gap amounted to 33.1 per cent and 15.8 per cent, respectively. According to the Government, the difference in salary levels was the result of women exercising their right to part-time work in order to carry out family responsibilities and the fact that women did not work in harmful or arduous jobs for which higher remuneration was provided. In the view of KSPU, however, widespread discrimination by employers was restricting women’s opportunities to be employees in higher-paid jobs and sectors, a matter the Committee is following up under Convention No. 111.

3. Analysis of the gender wage gap. The Committee notes that the factors referred to by the Government may indeed explain to some extent the existing gender wage gap. However, the Committee observes that, in order to promote a better application of the Convention, further efforts are necessary to strengthen the analysis of sex-based wage inequalities. While the data submitted by the Government allows a comparison of the gender wage differentials in the different branches of economic activities, the Government is encouraged to undertake and provide a more detailed mapping of men’s and women’s earnings to permit a meaningful analysis of the nature, extent and causes of the pay differential between men and women. Such a mapping should show, for a given branch of economic activity, the extent to which remuneration differentials are due to differences in hours of work, working conditions, the positions held by men and women, or other factors. A first step in this regard is the compilation of adequate statistical information. The Committee asks the Government to:

(a)  compile and provide to it, as far as possible, statistical data on earnings as set out in the Committee’s 1998 General Observation (attached for easy reference). The Government is also requested to indicate in its next report any other measures to strengthen its analysis of the nature, extent and causes of the remuneration differentials between men and women;

(b)  provide information on the actual remuneration received by men and women employed in budget-financed institutions and organizations, disaggregated by sex and level of responsibility.

4. Determination of remuneration and objective job evaluation. The Government indicates once again that equal remuneration was established through wage levels being set in sectoral agreements for each occupation on the basis of the worker’s qualifications, with the same wage rates being applied to men and women. Hence, wages did not depend on whether the job was held by a man or a woman. The Committee must point out that the Convention does not only require that the same rates of remuneration apply to men and women within the same sector or enterprise, but also that the principle of equal remuneration for men and women for work of equal value is being taken into consideration in determination of remuneration. In this regard, the Convention envisages the use of objective methods of job evaluation. The Government is therefore asked to supply information on the measures it has been taking to promote the use of objective job evaluation methods, free from gender bias, in the private and public sector.

5. The Committee notes with interest that the gender analysis of collective agreements undertaken within the ILO/USDOL technical cooperation project, "Ukraine: Promoting fundamental principles and rights at work", emphasized a number of measures that could be taken to promote equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on any follow-up measures taken or envisaged in this regard, including through cooperation with workers’ and employers’ organizations.

6. Enforcement The Committee notes the information provided by the Government relating to the activities carried by the labour inspectorate to deal with non-compliance with wage legislation in general. It asks the Government to indicate whether the labour inspectorate, or the courts, have addressed any situations involving, more specifically, unequal remuneration for men and women for work of equal value and, if so, with what results.

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The Committee notes the communication dated 31 August 2004 received from the Confederation of Free Trade Unions of Ukraine (KSPU), which it will examine at its next session together with any comments the Government may wish to make in reply. It also notes that the Government’s report contains no reply to previous comments. The Committee hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee recalls that article 24 of the Constitution provides for equality between women and men in obtaining education and professional training, in work and remuneration, and for the promotion of measures to facilitate reconciliation of work and family for women. It hopes that the Labour Code under preparation will include the principle of "equal remuneration for men and women for work of equal value", and that the scope of remuneration will be sufficiently broad to cover the basic wage, the additional wage and other incentive and compensatory payments. In accordance with the Convention, the Committee reiterates its request for information on the progress accomplished in the drafting and adoption of the Labour Code.

2. The Committee notes Decree No. 134 of the Cabinet of Ministers on Labour Remuneration of Employees of the Budgetary Sphere 2001, by which the Cabinet of Ministers approves the salary scales of the "employees of the institutions and organizations financed from the budget". It notes that these salary scales are to be differentiated depending on the complexity of work, the institutional and legal level of a position, the functions performed and other working conditions. The labour remuneration of the "employees of the institutions and organizations financed from the budget" are established irrespective of origin, social and property status, race and nationality and sex. The Committee would be grateful to receive statistical data on actual remuneration of "employees of the institutions and organizations financed by the budget" disaggregated by sex and level of responsibility.

3. The Committee notes again that equal remuneration for work of equal value is implemented through sectoral agreements, which establish wage rates by occupation based on the level of qualification, and that enterprise-level collective agreements are established, based on the sectoral agreement. The Committee is obliged to repeat its request for a copy of the general agreement, as well as copies of the sectoral agreements containing the standards laid down for the conclusion of collective agreements, which fix the wage rates and salary scales in private enterprises and organizations.

4. The Committee once again reiterates its request for information on the activities of the tripartite National Council for Social Partnership, which promotes the application of the Convention.

5. The Committee notes the 2001 statistics sent with the Government’s report, in particular that the average monthly wage of women is remarkably lower than that of men (256.17 to 367.45 hryvnas) and that the gap exists for each sector of activity. The Committee asks the Government to supply information on the measures taken to analyse the reasons for and to reduce the remuneration gap between men and women in the performance of jobs of equal value.

6. The Committee notes the Government’s statement that given that the principle of the Convention is respected in the national legislation and sectoral agreements, "there is no inspection in charge of performing specific supervisory functions, and no judicial, administrative and criminal procedures are applied in this connection". The Committee urges the Government to take further steps in order to strengthen the enforcement and supervision of the principle of the Convention. In this regard, the role of labour inspections is fundamental, together with specialized bodies, the courts and cooperation with workers’ and employers’ organizations, to promote, enforce and supervise the implementation of the principle. The Committee asks the Government to supply detailed information on the measures taken in this regard.

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The Committee notes the information contained in the Government’s report. It asks the Government to provide further information in its next report on the following points.

1. The Committee recalls that article 24 of the Constitution provides for equality between women and men in obtaining education and professional training, in work and remuneration, and for the promotion of measures to facilitate reconciliation of work and family for women. It hopes that the Labour Code under preparation will include the principle of "equal remuneration for men and women for work of equal value", and that the scope of remuneration will be sufficiently broad to cover the basic wage, the additional wage and other incentive and compensatory payments. In accordance with the Convention, the Committee reiterates its request for information on the progress accomplished in the drafting and adoption of the Labour Code.

2. The Committee notes Decree N. 134 of the Cabinet of Ministers on Labour Remuneration of Employees of the Budgetary Sphere 2001, by which the Cabinet of Ministers approves the salary scales of the "employees of the institutions and organizations financed from the budget". It notes that these salary scales are to be differentiated depending on the complexity of work, the institutional and legal level of a position, the functions performed and other working conditions. The labour remuneration of the "employees of the institutions and organizations financed from the budget" are established irrespective of origin, social and property status, race and nationality and sex. The Committee would be grateful to receive statistical data on actual remuneration of "employees of the institutions and organizations financed by the budget" disaggregated by sex and level of responsibility.

3. The Committee notes again that equal remuneration for work of equal value is implemented through sectoral agreements, which establish wage rates by occupation based on the level of qualification, and that enterprise-level collective agreements are established, based on the sectoral agreement. The Committee is obliged to repeat its request for a copy of the general agreement, as well as copies of the sectoral agreements containing the standards laid down for the conclusion of collective agreements, which fix the wage rates and salary scales in private enterprises and organizations.

4. The Committee once again reiterates its request for information on the activities of the tripartite National Council for Social Partnership, which promotes the application of the Convention

5. The Committee notes the 2001 statistics sent with the Government’s report, in particular that the average monthly wage of women is remarkably lower than that of men (256.17 to 367.45 hryvnas) and that the gap exists for each sector of activity. The Committee asks the Government to supply information on the measures taken to analyse the reasons for and to reduce the remuneration gap between men and women in the performance of jobs of equal value.

6. The Committee notes the Government’s statement that given that the principle of the Convention is respected in the national legislation and sectoral agreements, "there is no inspection in charge of performing specific supervisory functions, and no judicial, administrative and criminal procedures are applied in this connection". The Committee urges the Government to take further steps in order to strengthen the enforcement and supervision of the principle of the Convention. In this regard, the role of labour inspections is fundamental, together with specialized bodies, the courts and cooperation with workers’ and employers’ organization, to promote, enforce and supervise the implementation of the principle. The Committee asks the Government to supply detailed information on the measures taken in this regard.

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The Committee notes the information provided by the Government in its report.

1. The Committee notes the new Constitution of Ukraine adopted at the Fifth Session of the Verkhovna Rada of Ukraine on 28 June 1996. It notes that article 24 provides for ensuring equality of rights of women and men:

… by providing women with opportunities equal to those of men, in public and political, and cultural activity, in obtaining education and in professional training, in work and its remuneration; by special measures for the protection of work and health of women; by establishing pension privileges, by creating conditions that allow women to combine work and motherhood; by legal protection, material and moral support of motherhood, including the provision of paid leaves and other privileges to pregnant women and mothers.

The Committee welcomes these provisions promoting equality, including remuneration between women and men. It also welcomes the fact that the Constitution provides for equality between women and men in obtaining education and professional training, and that it promotes the taking of measures to facilitate reconciliation of work and family for women. It trusts that the Government will provide in its future reports information on the measures taken to apply the constitutional provision in practice and their impact.

2. The Committee notes the regulation concerning the National Council for Social Partnership, a copy of which was attached to the report from the Government. It notes that the Council is tripartite and that its tasks are to, amongst others, draft recommendations to the President of Ukraine regarding the direction of national social policies, participate in the preparation of drafts of laws and other legislative acts in the fields of social sector and labour relations and in the drafting of proposals concerning the improvement of labour legislation, taking into account the norms of international law. In this regard, the Committee recalls and reiterates its request to the Government made in its previous request to provide information on the activities of the Council to promote the application of the Convention.

3. The Committee notes the information contained in the Government’s report that the labour legislation guarantees to all citizens of Ukraine equality in the field of labour and remuneration, irrespective of sex, among other grounds. In relation to this information, the Committee recalls that it had requested the Government in previous direct requests to take the necessary measures to ensure that the principle of equal remuneration is fully applied to wages as defined in sections 1 and 2 of the Act respecting the payment of wages, namely the basic wage, the additional wage and other incentive and compensatory payments. In addition, it again reiterates its hope that the principle of "equal remuneration for men and women workers for work of equal value" will be included in the legislation and, more specifically, in the Labour Code which is at the drafting stage. The Committee asks the Government to supply information on the progress of the drafting of the Labour Code.

4. The Committee notes the information supplied by the Government in its report that equal remuneration for equal work is carried out by means of establishing in sectoral agreements the wage rates by occupations depending on the level of qualification. It also notes the provisions of the Act respecting collective contracts and agreements that a collective contract is to be concluded at enterprise level between the employer and the workers, based on the sectoral agreement, and that the content of a collective contract includes fixing of rates and remuneration, system and rate of remuneration and other kinds of pay for work, such as wage supplements, overtime and extra pay, bonuses, etc. In this connection, the Committee repeats its request to provide a copy of the general agreement in its next report as well as copies of the sectoral agreements containing the standards laid down for the conclusion of collective agreements which fix the wage rates and salary scales in private enterprises and organizations, as well as the Decree issued by the Cabinet of Ministers of the Ukraine fixing the wage rate for workers employed in institutions and organizations which are financed by the state budget.

5. The Committee asks the Government to provide statistical information in conformity with its general observation of 1998 on this Convention. Please also supply information on any analysis, or studies that have been undertaken on the trends in earnings and employment of men and women.

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The Committee notes the information provided by the Government in its report.

1. In its previous direct request, the Committee had noted that no provision referred to by the Government in respect of remuneration appears to include the definition of equal remuneration which is in conformity with the principle of "equal pay for men and women workers for work of equal value" as set forth in the Convention. The Committee requests the Government to take the necessary measures to ensure that the principle of equal remuneration is fully applied to the wage as defined in sections 1 and 2 of the Act respecting the payment of wages, namely the basic wage, the additional wage and other incentive and compensatory payments. The Committee reiterates its hope that this principle will be included in the legislation and, more specifically, in the Labour Code which is in the drafting stage (taking account of the comments of the International Labour Office relative to the draft text of this instrument).

2. The Committee notes the Government's statement to the effect that private enterprises and organizations themselves establish collective agreements fixing wage rates and salary scales depending on the complexity of the work and the skills required, in accordance with the standards and assurances envisaged in the general agreement and sectorial agreements. In so far as employees of institutions and organizations financed by the state budget are concerned, wage rates are fixed by Decree issued by the Cabinet of Ministers of the Ukraine. The Committee requests the Government to provide a copy of the general agreement in its next report as well as copies of the sectorial agreements containing the standards laid down for the conclusion of collective agreements which fix the wage rates and salary scales in private enterprises and organizations, as well as the Decree issued by the Cabinet of Ministers of the Ukraine fixing the wage rate for workers employed in institutions and organizations which are financed by the state budget.

3. The Committee notes the establishment of the National Partnership Council, whose composition is tripartite, responsible in particular for the evaluation of the impact of the Conventions ratified by the Ukraine and requests the Government to provide information in respect of the activities of this council to promote the application of this Convention.

4. The Committee notes that the supervision of the application of the legislation respecting the payment of wages is entrusted to the Ministry of Labour and its institutions, financial institutions, the State Tax Inspectorate and the trade unions and other organizations representing the interests of workers. The Committee would be grateful if the Government would provide specific information in its next reports in respect of the inspection services whose responsibilities include equal remuneration for men and women, the cases of violation of this principle which may have been observed, as well as the administrative and criminal proceedings resulting thereof.

5. In its previous direct request, the Committee referred to the statistical information provided by the Government concerning the increase of the average monthly wage of female workers relative to that of male workers and the distribution of women in the different sectors of employment and proposed that the reasons behind the narrowing of this gap is the tendency for women to be employed in better remunerated sectors or the decrease in men's wages for economic reasons. The Committee would be grateful if the Government would provide further clarification with regard to these hypotheses and to the current and envisaged trends in employment and the wages of female workers.

CMNT_TITLE

1. The Committee notes from the Government's report that, in addition to the constitutional provisions on equality (articles 32 and 33) and the stipulation concerning equal pay contained in section 91 of the Labour Code, the Payment of Wages Act 1995 proscribes any decrease in the amount of wages on account of various criteria, including sex (section 21). As none of these provisions, however, contains a definition of equal pay consistent with the Convention's principle of "equal remuneration for men and women workers for work of equal value", the Committee urges the Government to ensure that adequate legislative coverage will be given to that principle in the new Labour Code which is in the process of being finalized (following the provision by the Office of comments on a draft of that Code).

2. The Committee notes from the data provided on the average monthly salaries of workers that women's wages as a percentage of men's appear to have increased between 1993 and 1995 (on the assumption that the first quarter figures for 1993 were representative of earnings for that year) from approximately 87 per cent to 88.9 per cent. The data on the distribution of women in the different sectors of employment indicates that women's share of employment relative to that of men's has fallen in a number of sectors between 1993 and 1995 so that perhaps the narrowing of the wage gap may be explained by women having left some areas of employment in favour of better-paid jobs in new sectors such as the "information technology services" sector, where they comprise a relatively high proportion of workers (71.2 per cent). Another hypothesis would be that men's wages have undergone a decrease due to the difficult circumstances in mining and heavy manufacturing, where they have predominated. The Committee would be grateful for the Government's views on these hypotheses and for its comments on the current and predicted trends in employment and wages for women.

CMNT_TITLE

Referring to its earlier direct request, the Committee notes the information contained in the Government's report.

1. According to the report, the average remuneration for the first quarter of 1993 was 19,400 Ukrainian karbovanitzi for male workers and 16,800 for female workers. Figures for average monthly earnings broken down by reference to branch of the economy also show women systematically earning less than men. However, in those areas where female employees predominate or are a large proportion of the total workforce (particularly catering, financial services, public health and social security, education and communications), the Committee notes with interest that they earn only very slightly less than their male colleagues. For example, in catering where women make up 87.1 per cent of the total workforce, the average for a worker was 115,000, with women earning 112,000 karbovanitzi. The Committee notes the Government's statement that these figures do not reflect subsequent wage and salary increases.

Noting the information supplied in its earlier reports on measures taken to promote the implementation of the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to continue to supply statistical data on the actual earnings of men and women in the different branches of economic activity, together with the percentage of women employed in the occupations or sectors reflected in the statistics.

It would also appreciate receiving copies of any studies, inquiries or reports which attempt to investigate the wage differential between men and women workers, particularly from the point of view of the principle of equal pay. The Committee recalls, in this connection, the importance it attached to such research in its 1986 General Survey on Equal Remuneration where, at paragraph 248, it stated "in cases where inequalities of remuneration are noted between men and women, information regarding the nature of these inequalities is either insufficient or totally lacking. The available data do not in themselves make it possible to indicate the size, scope and nature of the inequalities, nor to assess the impact of measures taken to ensure the application of the principle of equal remuneration for work of equal value".

2. The Committee would also appreciate receiving up-to-date information on Article 4 of the Convention, according to which each ratifying State shall cooperate as appropriate with the employers' and workers' organizations concerned for the purpose of giving effect to the provisions of the Convention.

CMNT_TITLE

The Committee notes from the report of the Government that the information requested by the Committee in its previous comment is not available at present but will be furnished with the next report of the Government. In addition to the information requested (that is, the wage scales applying in non-industrial sectors, together with examples of classifications of occupations in those sectors and statistics on the percentage of men and women in each occupation), the Committee would be grateful if the Government would also provide data concerning the average actual earnings of men and women in the economy broken down, where possible, by occupation or sector of employment, seniority or skill level as well as information on the percentage of women employed in those occupations or sectors.

CMNT_TITLE

The Committee notes with interest the information supplied by the Government in its report on the measures adopted to increase wages in economic sectors employing a large number of women.

The Committee notes in particular the information on the different wage scales in different economic sectors. In order better to appreciate the practical application of the principle of equal remuneration for work of equal value, the Committee requests the Government to provide it with examples of classifications of occupations in the various economic sectors together with the percentages of men and women in each occupation.

The Committee hopes that the Government will include in its next report information on the wage scales for non-industrial sectors, such as education, health and social welfare, together with examples of classifications of occupations in these sectors, and the percentages of men and women in each occupation.