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Legislative developments. The Committee understands from the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) that significant amendments have been made to the Labour Law of 2001, including relating to non-discrimination and enforcement. The Committee requests the Government to forward a copy of the amendments, and to indicate those provisions of particular relevance to the implementation of the Convention.
Gender wage gap and occupational segregation. The Committee notes from the quarterly statistical information provided by the Government that in 2010 the gender wage gap was approximately 22.3 per cent in the public sector and 18 per cent in the private sector. In this connection, the Committee recalls that the Government previously indicated that the wage disparity was mainly due to occupational segregation, with women being concentrated in low-paid sectors, and difficulties faced by women in accessing supervisory and managerial positions. The Committee, furthermore, notes that the Government refers to information provided by the Free Trade Union Confederation of Latvia (LBAS) indicating that inequality is the most pronounced for women in the most poorly remunerated jobs, and that the disparities in remuneration in these jobs have been exacerbated by the economic crisis. The Committee again urges the Government to take the necessary steps to reduce the gender wage gap in the public and private sectors, including taking measures to improve women’s access to a wider range of jobs and positions, including supervisory and management positions. The Committee also asks the Government to provide updated statistical information on the distribution of men and women in the various economic sectors, occupational categories and positions, as well as their corresponding earnings.
Article 2. Application by means of legislation. Public service. The Committee notes the adoption of Cabinet Regulations No. 1651 of 22 December 2009 which according to the Government replaces Cabinet Regulations No. 995 of 20 December 2005, and regulates the determination of monthly salaries, additional payments and bonuses for employees and officials of state institutions of direct administration. The Committee also notes that the Law on Remuneration of Officials and Employees of State and Self-government Institutions came into force on 1 January 2010. The Committee asks the Government to indicate how it ensures that the determination of remuneration in the public service is free from gender bias, and that men and women receive equal remuneration when performing work of equal value. The Committee asks the Government to provide details of the provisions of Cabinet Regulation No. 1651 and the Law on Remuneration of Officials and Employees of State and Self-government Institutions which are relevant to the principle of the Convention. Please also supply statistical information on the distribution of men and women in the various professional groups covered by the Law and the Cabinet Regulation, and their remuneration.
Article 2(2)(c). Application by means of collective agreements. The Committee notes the Government’s indication that issues of unequal remuneration occur more rarely at workplaces covered by a collective agreement, since pursuant to collective agreements, an employer has to ensure equal remuneration for an “equal amount of work”. In this regard, the Committee recalls that the principle of equal remuneration for men and women for work of equal value encompasses not only equal work or an equal amount of work, but also includes work that is of an entirely different nature, but which is nevertheless of equal value. The Committee asks the Government, in cooperation with the social partners, to promote the inclusion of the principle of equal remuneration for men and women for work of equal value in collective agreements, and to provide information in this regard, including examples of collective agreements that address the principle of the Convention.
Article 3. Objective job evaluation. In the absence of specific information on this point, the Committee draws the Government’s attention to the importance of the use of objective job evaluation methods in effectively applying the principle of equal remuneration for men and women for work of equal value, since in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. The Committee refers the Government to its 2006 general observation, which highlights that the analytical methods of job evaluation have been found to be the most effective for the purpose of ensuring gender equality in the determination of remuneration. Such methods analyse and classify jobs on the basis of objective factors relating to the jobs to be compared such as skill, effort, and responsibilities or working conditions (see paragraph 141 of the 1986 General Survey on equal remuneration). The Committee asks the Government, in cooperation with workers’ and employers’ organizations, to promote, develop and implement practical approaches and methods for the objective evaluation of jobs with a view to effectively applying the principle of equal remuneration for men and women for work of equal value in the public and private sectors, and to provide information on steps taken in this regard.
Article 4. Cooperation with social partners. The Committee notes that the Gender Equality Committee, which replaced the Gender Equality Council, was established in May 2010 in order to promote the implementation, monitoring and improvement of the gender equality policy, and is composed of representatives of the State, the social partners and non-governmental organizations. The Committee asks the Government to indicate whether the Gender Equality Committee promotes the application of the principle of equal remuneration for men and women for work of equal value, and to provide information on any initiatives taken or envisaged in this regard.
Enforcement. The Committee notes the creation of a system of submission of data which provides statistics on cases examined by the State Labour Inspectorate (SLI). The Committee notes the information provided by the Government regarding complaints of discrimination addressed by the labour inspectorate and the Office of the Ombudsperson, very few of which dealt with the issue of equal remuneration. The Committee asks the Government to take the necessary steps to strengthen the capacity of labour inspectors to detect and address violations of the principle of equal remuneration for men and women for work of equal value, including awareness-raising activities, and to provide information in this regard. The Committee also asks the Government to indicate whether any measures have been taken or envisaged to raise awareness of workers, employers and their organizations of the principle of the Convention and the available avenues of redress. Please continue to provide information on the number, nature and outcome of complaints of equal remuneration addressed by the judicial and administrative bodies.
Assessment of the gender pay gap. The Committee notes from the statistics provided by the Government in its report that in the first quarter of 2008 the remuneration gap between men and women workers amounted to approximately 20.64 per cent in the public sector and 16.6 per cent in the private sector. The Committee also notes that in 2007 the gender wage gap was approximately 20.56 per cent in the public sector and 19.12 per cent in the private sector, while in 2006 it was estimated to be approximately 20 per cent and 20.87 per cent respectively. In line with the trend pointed out in its previous comments, the Committee notes that the remuneration gap continued to decrease in the private sector while increasing in the public sector. The Committee urges the Government to take the necessary steps to reduce the remuneration gap between women and men and asks it to provide full information on the measures taken or envisaged in this regard, including information on any studies conducted on the issue and their findings regarding the underlying causes for the remuneration differentials and the measures to be considered for adoption. Please also continue to provide statistical information on women’s and men’s earnings, disaggregated if possible, by economic sector, occupational category and position.
Article 2. Application by means of legislation. Public service. The Committee recalls its previous comments concerning the establishment of a new unified wage system for the public service with a view to ensuring equal remuneration for jobs of equal value. It notes from the Government’s report that some amendments were introduced to Cabinet Regulations No. 995 of 20 December 2005 laying down the principles governing the new wage system which, however, did not modify it substantially. The Committee also notes that the Government reiterates its statement that by using common criteria to determine remuneration rates for women and men, the new wage system ensures that women and men receive equal remuneration when performing work of equal value. In the absence of the information previously solicited, the Committee again asks the Government to provide information on the steps taken to ensure that the methodology applied for assessing and categorizing jobs in the context of the new wage system avoids gender bias. It also asks the Government to supply statistical information on the distribution of men and women in the various professional groups defined by such system. The Committee further asks the Government to monitor the impact of these reforms on the gender pay gap in the public sector and to submit information in this regard.
Application by means of collective agreements. The Committee notes that no information is provided in reply to its previous request on this point. The Committee again stresses the importance of ensuring that the equal pay provisions contained in collective agreements fully and correctly reflect the principle of equal remuneration as set out in the Convention. The Committee further asks the Government to provide information on the measures taken to promote equal remuneration through collective bargaining, including examples of collective agreements that address equal remuneration.
Articles 3 and 4. Objective job evaluation. The Committee reiterates its request for information on any measures taken or envisaged to promote the development and implementation of objective job evaluation methods on the basis of the work performed with a view to fostering the setting of wages without discrimination based on sex. It also asks the Government to provide information on any cooperation with workers’ and employers’ organizations in this regard.
Enforcement. The Committee notes, from the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) that the functions of the former National Human Rights Office (NHRO) have been taken over by the Office of the Ombudsperson. With regard to the enforcement of the Labour Law’s provisions concerning equal remuneration through action taken by the labour inspectorate, the Committee notes from the report that according to the labour inspectorate’s database, no inspections performed related to complaints in the area of equal remuneration. While noting from the Government’s report under Convention No. 111 that labour inspectors are to receive gender equality training, the Committee asks the Government to provide information on the measures taken to strengthen the capacity of labour inspectors to carry out inspections regarding compliance with the principle of equal remuneration for men and women for work of equal value. It also asks the Government to continue to provide information on any cases regarding equal remuneration dealt with by the labour inspectorate on the basis of complaints or any violations identified through routine inspections. Please also provide information on any equal pay cases decided by the courts or dealt with by the Ombudsperson.
The Committee notes the Government’s report which integrates observations of the Latvian Union of Free Trade Unions and the Latvian Confederation of Employers.
1. Assessment of the gender pay gap. The Committee notes from the statistical information provided by the Government that the gender pay gap (average gross monthly wages) in the public sector increased from 18.5 per cent in 2003 to 20.1 per cent in 2005, while it decreased in the private sector from 22.9 to 20.2 per cent. Women tend to be under-represented in better-paid jobs in both sectors. According to EUROSTAT data, the gender gap for average hourly earnings was 15 per cent in 2004. The Committee asks the Government to continue to provide similar statistical information on the earnings of men and women in the private and public sectors, as far as possible in accordance with the Committee’s 1998 general observation.
2. Article 2. Application by means of laws and regulations. Public service. The Committee notes that the Government decided, in February 2005, on the establishment of a new unified wage system for the public service, inter alia, with a view to ensure equal remuneration for jobs of equal value. The Labour Law was amended in October 2005 to provide that positions in the public sector shall be classified in groups and levels of positions according to basic work tasks. The State Civil Service Law was amended to provide that a civil servant should receive a monthly wage, which shall be set by the head of the institution according to the group, position and grade in accordance with the amount and procedures set by the Cabinet of Ministers. In addition, the Committee notes that Cabinet Regulation No. 310 of 3 March 2005, establishes a new catalogue of civil service positions and that Cabinet Regulation No. 995 of 20 December 2005, establishes a new system for the remuneration of public employees. Under the new system the level of remuneration is based on two factors: (1) the groups and level to which the civil servant’s position belongs, as defined by the catalogue of positions; and (2) the qualification grade of the civil servant or public employee, which is determined on the basis of individual performance and length of service. The Committee notes the Government’s statement that the catalogue of positions and the new remuneration system does not provide for different conditions for job classification and determination of remuneration according to sex which, in the Government’s view, ensured equal rights for men and women. The Committee asks the Government to provide information on the steps taken to ensure that the methodology applied for assessing and categorizing jobs in the context of these regulations avoids sex bias, and statistical information on the distribution of men and women in the various professional groups defined by the catalogue of positions. The Committee also asks the Government to monitor the impact of these reforms on the gender pay gap in the public sector and provide to the Committee’s conclusions in this regard.
3. Application by means of collective agreements. The Committee notes the information provided by the Government on the views expressed by the social partners concerning the application of the Convention in the context of collective bargaining. According to the Latvian Union of Free Trade Unions, a number of collective agreements made reference to the principles of the Convention but that these references were not always precise. The general view among trade unions was that the legislation appropriately dealt with the principle of equal remuneration in accordance with the Convention. Nevertheless, some unions expressed interest in including a specific reference to the principle of equal remuneration for men and women for work of equal value in future agreements. The Latvian Confederation of Employers also considered that the Convention’s principle was included in collective agreements only in a fragmentary manner. Noting the examples of equal pay provisions currently contained in collective agreements provided, the Committee stresses the importance of ensuring that such provisions fully and correctly reflect the principle of equal remuneration as set out in the Convention and the legislation. The Committee also encourages the social partners to go beyond stating the principle, and to provide means and mechanisms to address existing gender wage gaps, e.g. through collection and monitoring of data concerning men’s and women’s pay or objective job evaluation free from gender bias. The Committee asks the Government to continue to provide information on the measures taken in Latvia to promote equal remuneration through collective bargaining, including examples of collective agreements that deal with equal remuneration issues.
4. Article 4. Objective job evaluation. In the absence of any information on this matter in reply to it previous comments, the Committee asks the Government once again to indicate any measures taken or envisaged to promote the development and implementation of objective job evaluation methods on the basis of the work performed with a view to promoting the setting of wages without discrimination based on sex.
5. Enforcement. The Committee notes from the Government’s report that the situation with regard to the absence of complaints concerning wage discrimination made to the labour inspection authorities or the National Human Rights Office (NHRO) remained unchanged. While the Committee notes the view of the Latvian Union of Free Trade Unions that the administrative penalties for violations of the equal pay provisions of the Labour Law have an important preventive effect, it also notes from the Government’s report that in the context of the NHRO’s awareness-raising activities, women stated that their male colleagues received higher wages but that they did not raise complaints out of fear of losing their jobs. The Committee asks the Government to provide information on the measures taken or envisaged to strengthen the enforcement of equal pay provisions, including indications whether consideration could be given to authorizing labour inspectors to undertake inspections concerning equal remuneration on their own initiative.
1. Articles 1 and 2 of the Convention. Application in practice. The Committee notes from the statistical information provided by the Government that between 2001 and 2003 the gender wage gap in the public sector (average gross monthly wages) decreased from 20.5 per cent to 18.5 per cent, while it increased in the private sector from 21.1 per cent to 22.9 per cent. According to the Latvian Central Statistical Bureau’s Survey on Occupations of 2003, the gross average hourly wage for all groups of occupations was 1.12 lats for men and only 0.94 lats for women. The Survey also showed that the labour market remained highly segregated according to sex. According to the Government, the gender wage gap was due to the fact that women had less opportunities for promotion and that their professional orientation was more directed towards employment in low-paying sectors such as education, social care or culture. The Committee asks the Government to provide in its next report information on measures taken to address the issue of occupational segregation of women in lower paid jobs and to promote women’s access to better-paid supervisory and management positions, including occupational guidance and vocational training to enable women to compete more effectively for such positions. The Government is further asked to indicate any measures taken to promote a more equal sharing of family responsibilities and to assist both men and women workers in this respect. Please also continue to supply statistical information on the remuneration of men and women in the public and private sector, by earnings levels and hours of work as outlined in the Committee’s 1998 general observation on the Convention.
2. Article 2. Application of the Convention’s principle by means of laws and regulations. The Committee notes the adoption of Cabinet Regulation No. 705 of 16 December 2003 on work remuneration, benefits and compensation of state civil servants. It also notes Cabinet Regulation No. 535 of 23 September 2003 on evaluation of intellectual work and basic methodology for establishing professional qualification categories for employees of institutions financed from the state budget and Cabinet Regulation No. 403 of 22 July 2003 on the evaluation of physical work and establishing professional qualification categories for employees of institutions financed from the state budget. The Government is asked to provide copies of these regulations, as well as indications of how they take into account the principle of the Convention. Please particularly provide information on the steps taken to ensure that the methodology applied for assessing and categorizing jobs in the context of these regulations avoids sex bias and utilizes a scope of comparison that covers female and male dominated establishments.
3. Application of the Convention’s principle by means of collective agreements. The Committee notes the Government’s indication that collective agreements pay insufficient attention to eliminating discrimination. According to the Forest Sphere Workers’ Trade Union some of the agreements in that sector provide that the employers shall pay equal remuneration to men and women workers performing the same work or work of equal value. The Committee asks the Government to provide information on any measures taken in collaboration with workers’ and employers’ organizations to promote the principle of the Convention in the context of collective bargaining.
4. Article 3. Objective job evaluation. On several occasions, the Committee has pointed out to the Government that one of the means of promoting the full enjoyment for men and women of their right to equal remuneration for work of equal value is the adoption and promotion of objective job evaluation methods in order to ensure that wages are determined in a non-discriminatory manner. In this context, the Committee notes the examples from the Government’s report on female-dominated occupations receiving very low pay. For instance, according to the Health and Social Care Workers’ Trade Union, 90 per cent of qualified social workers in care institutions under the Ministry of Welfare are female employees whose wage was of the same level of remuneration paid to unqualified workers. The Seafarers Union of the Merchant Fleet of Latvia indicates that bartenders on Latvian ships, who are in practice exclusively women, received the lowest pay among seafarers. The Committee notes that these examples confirm the Committee’s previous comment regarding the need to promote objective job evaluation, particularly in sectors and for occupations in which women are predominant. The Government and social partners are therefore strongly encouraged to take appropriate measures to promote the development and implementation of objective job appraisal methods on the basis of the work performed, both in the private and public sectors. Please indicate any measures taken or envisaged in this regard.
5. Enforcement. The Committee notes that in 2004 the state labour inspectorate issued for the first time a decision under sections 7.29(1) and 60 of the Labour Code regarding unequal remuneration on the basis of sex and imposed an administrative penalty. The National Human Rights Office has not yet received any written complaints regarding the right to equal remuneration for men and women, but has provided advice on legal questions regarding the issue on several occasions. The Committee also notes that the handling of cases involving pay discrimination was hindered by the fact that in many companies work remuneration is viewed as a confidential issue. The Government is asked to continue to provide information on the enforcement of the national laws and regulations applying the Convention, including information on the number, nature and outcomes of cases dealt with by the courts, the labour inspectorate, and the National Human Rights Office. Please also indicate whether measures are being taken to ensure that employees are aware of their right to equal remuneration for work of equal value irrespective of sex and to enhance the labour inspector’s capacity to handle wage discrimination cases.
Further to its observation the Committee notes the information contained in the Government’s report and asks the Government to provide information on the following points.
1. The Committee notes that, according to the occupational survey conducted by the Latvian Central Statistical Bureau, women’s average gross salary for the month of October 2001 was 81.4 per cent of men’s (compared to around 78 per cent in the years from 1998 to 2000). From the statistical information concerning the average salaries of women compared to men in the ten occupational groups examined under the classification of occupations system utilized by the Central Statistical Bureau for the years 1998 to 2001, the Committee notes that only in one group, plant and machine operators and assemblers, women’s income was equal to or slightly higher than men’s. While the differentials for nine of the groups remained relatively stable or improved only insignificantly, a marked increase in women’s salaries can be noted in the group of technicians and associate professionals (from 71.3 per cent in 1999 to 84.4 per cent in 2001). The Committee asks the Government to continue to provide similar information in its future reports, as well as information on the distribution of men and women in the public sector, the civil service, and in the private sector by earnings levels and hours of work as outlined in the Committee’s 1998 general observation on the Convention.
2. The Committee notes the Government’s statement that, although the relevant regulatory acts provide for equal remuneration of women and men de facto, women continued to be paid less than men. In the Government’s view, this is still to be explained mainly by the fact that women are more frequently employed in education, social/health care and culture, sectors largely funded out of the state budget with low average salaries. At the same time, even in those sectors, men generally hold better positions. The Committee again asks the Government to provide information on measures taken to address the issue of occupational segregation of women in lower paid jobs and to promote women’s access to better-paid supervisory and managerial positions, including providing occupational guidance and vocational training to enable women to compete more effectively for such positions. Please also indicate any measures taken to promote a more equal sharing of family responsibilities and to assist both men and women workers in this respect.
3. The Committee recalls its previous comments on the importance of adopting and promoting objective job evaluation criteria as one means of promoting full enjoyment for women and men of their right to equal remuneration for work of equal value. In this context, the Committee notes from the Government’s report that a number of laws and Cabinet of Ministers regulations on the salaries of employees in state institutions have been adopted, including the following: Regulation No. 217 of the Cabinet of Ministers of 28 May 2002 on the salary system for the employees of institutions financed from the state budget, which provide for 24 qualification categories established in accordance with the methodology described in Appendix 3 of the Regulation; Regulation No. 20 on salaries and allowances of state civil servants of 2 January 2001; and Regulation No. 213 of 28 May 2002 concerning salaries of employees of public administration institutions, the prosecutor’s office and the courts. The Committee notes the Government’s statement that these regulations are non-discriminatory with regard to salaries of women and men, as salaries are set in accordance with respective qualification categories which are defined through regular assessments of the positions involving intellectual and physical work, using a specific methodology as laid down in the relevant regulations. The Committee asks the Government to provide with its next report copies of the regulations mentioned and to indicate in which way the assessments described in the report had or are expected to have an impact on the remuneration levels of women compared to men in the institutions concerned. Please also indicate the steps taken or contemplated to ensure that the methodology applied for assessing and categorizing jobs avoids sex bias and utilizes a scope of comparison that covers female and male dominated enterprises (such as the occupations financed by state and municipal budgets).
4. With reference to its previous comments, the Committee once again asks the Government to supply the following information: (1) samples of collective agreements, including wage scales, concluded for sectors or enterprises in which women are concentrated; (2) an indication of the extent to which workers in those sectors or enterprises are employed on piece-wages instead of salaries and the criteria utilized by employers to determine which of these two systems of remuneration is to be applied; (3) information on the extent to which work quotas are used, the types of jobs and sectors in which they are primarily utilized, the manner in which such quotas are set and applied and any measures taken or contemplated to ensure that remuneration under the work quota system is paid in accordance with the principle of the Convention.
5. Part III of the report form. The Committee notes that Cabinet of Ministers Regulation No. 79/2002 established the Gender Equality Council. The overall task of the Council is to elaborate gender policies and implement gender equality. Please continue to provide information on the activities undertaken by the competent bodies, including the Latvian Human Rights Office, the state labour inspectorate, and the Gender Equality Council, to ensure and promote equal remuneration for women and men for work of equal value. Noting from the Government’s report that in 2001, out of 2,227 applications to the state Labour Inspection, 1,262 concerned salary issues but that equal remuneration cases are not being registered separately, the Committee asks the Government to indicate any measures taken to obtain such data.
6. Part IV of the report form. The Committee recalls that according to the Government a first case raising the issue of sex-based salary discrimination has been brought before the Latvian courts and that the case had been appealed to the Supreme Court of the Republic of Latvia. The Committee asks the Government to keep it informed regarding this matter and to supply a copy of the decision once a final outcome is reached.
With reference to its previous comments, the Committee notes with satisfaction the inclusion of the definition of remuneration in line with the Convention in section 59 of the Labour Code of 20 June 2001. The Committee also notes that section 60(1) provides that an employer has a duty to specify equal remuneration for men and women for the same kind of work or work of equal value. In the case of a violation of this principle by the employer, the employee has the right to request the remuneration that the employer normally pays for the same work or for work of equal value (section 60(2)). The Government is asked to provide in its future reports information on the application of these provisions in practice and their contribution to closing the prevailing gender income gap in the country, which is approximately 20 per cent.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:
1. The Committee notes from the Government’s report that, according to the survey of professions conducted by the Latvian Central Statistical Bureau women’s average gross salary for the month of October 1999 was 78.5 per cent of men’s. It further notes the Government’s statement that women’s average gross salary was less than that for men in all ten occupational groups examined under the classification of occupations system utilized by the Central Statistical Bureau. In this context, the Committee would appreciate receiving information, including statistical data, in the Government’s next report on the distribution and remuneration of men and women among the ten occupational groups and at the different levels in those sectors. In this regard, please refer to the Committee’s 1998 general observation on the Convention. 2. Article 1(a) and (b) of the Convention. The Committee refers to its previous comments, which noted that the 1994 Latvian Labour Code does not contain a definition of "remuneration", nor does it express the principle of equal remuneration for men and women for work of equal value. The Committee notes with interest that the new draft Labour Code addresses these issues and incorporates European Council Directive 75/117/EC on equal pay for men and women. The Committee would be grateful if the Government would supply a copy of the draft Code as soon as it is enacted. 3. Article 3. The Committee notes the Government’s indication that the wage disparity between men and women in certain enterprises is due to two factors: (1) Latvian women’s greater burden of family responsibilities, which impedes their access to better paid and higher level positions; and (2) occupational segregation, which leads to a higher concentration of women in the education, social work and culture sectors, which are financed by the state and municipal budgets and have the lowest average salaries in Latvia. The Committee again asks the Government to provide information on measures taken to raise public awareness of this problem and promote a more equal sharing of family responsibilities, as well as any concrete measures taken or envisaged to assist men and women workers in balancing work and family responsibilities. The Government is again asked to indicate any measures taken to promote women’s access to better-paid supervisory and managerial positions, including providing occupational guidance and vocational training to enable women to compete more effectively for such positions. 4. Referring to its earlier comments, the Committee notes that the Concept on Payment of 30 June 1998 determines basic principles of payment policy development, including the principles of equity and transparency. It notes that, on 11 January 2000, the Cabinet of Ministers approved a concept on payment systems for employees of institutions financed by the state budget. The Government indicates that jobs in these institutions are evaluated by utilizing analytical methodology developed to evaluate jobs involving intellectual and physical tasks. The Committee asks the Government to provide in its next report the results achieved in terms of raising women’s wages by applying this payment system methodology to these institutions. Further, referring to its previous comments regarding the concentration of women in lower paid sectors in the Latvian labour market, the Committee once again points out that the adoption of non-discriminatory job evaluation criteria applied in a uniform manner and on the broader level at which wage policies are set may lead to a reduction in the existing wage disparities arising from traditional stereotypes in respect of the value of "women’s work" (see General Survey on equal remuneration, 1986, paragraph 256). The Committee therefore again asks the Government to indicate the steps taken or contemplated to ensure that the analytical methodology described in the report utilizes a scope of comparison outside the limits of the female-dominated sector or enterprise (such as the sectors financed by state and municipal budgets). 5. With reference to its previous comments, the Committee once again asks the Government to supply the following information: (1) samples of collective agreements, including wage scales, concluded for sectors or enterprises in which women are concentrated; (2) an indication of the extent to which workers in those sectors or enterprises are employed on piece-wages instead of salaries and the criteria utilized by employers to determine which of these two systems of remuneration is to be applied; (3) information on the extent to which work quotas are used, the types of jobs and sectors in which they are primarily utilized, the manner in which such quotas are set and applied and any measures taken or contemplated to ensure that remuneration under the work quota system is paid in accordance with the principle of the Convention. 6. Part III of the report form. The Committee notes the information provided in the report with regard to the activities of the Latvian Human Rights Office. It also notes from the report that, in 1999, the State Labour Inspectorate registered 2,018 equal pay violations out of a total of 15,350 violations. The Committee would appreciate receiving information on the activities of these two agencies in future reports, and the manner in which the violations were remedied. 7. Part IV of the report form. The Committee notes with interest the information provided by the Government regarding the first case brought before the Latvian courts which raises the issue of sex-based salary discrimination. Noting that the case is currently on appeal to the Supreme Court of the Republic of Latvia, the Committee asks the Government to keep it informed regarding this matter and to supply a copy of the decision once a final outcome is reached.
1. The Committee notes from the Government’s report that, according to the survey of professions conducted by the Latvian Central Statistical Bureau women’s average gross salary for the month of October 1999 was 78.5 per cent of men’s. It further notes the Government’s statement that women’s average gross salary was less than that for men in all ten occupational groups examined under the classification of occupations system utilized by the Central Statistical Bureau. In this context, the Committee would appreciate receiving information, including statistical data, in the Government’s next report on the distribution and remuneration of men and women among the ten occupational groups and at the different levels in those sectors. In this regard, please refer to the Committee’s 1998 general observation on the Convention.
2. Article 1(a) and (b) of the Convention. The Committee refers to its previous comments, which noted that the 1994 Latvian Labour Code does not contain a definition of "remuneration", nor does it express the principle of equal remuneration for men and women for work of equal value. The Committee notes with interest that the new draft Labour Code addresses these issues and incorporates European Council Directive 75/117/EC on equal pay for men and women. The Committee would be grateful if the Government would supply a copy of the draft Code as soon as it is enacted.
3. Article 3. The Committee notes the Government’s indication that the wage disparity between men and women in certain enterprises is due to two factors: (1) Latvian women’s greater burden of family responsibilities, which impedes their access to better paid and higher level positions; and (2) occupational segregation, which leads to a higher concentration of women in the education, social work and culture sectors, which are financed by the state and municipal budgets and have the lowest average salaries in Latvia. The Committee again asks the Government to provide information on measures taken to raise public awareness of this problem and promote a more equal sharing of family responsibilities, as well as any concrete measures taken or envisaged to assist men and women workers in balancing work and family responsibilities. The Government is again asked to indicate any measures taken to promote women’s access to better-paid supervisory and managerial positions, including providing occupational guidance and vocational training to enable women to compete more effectively for such positions.
4. Referring to its earlier comments, the Committee notes that the Concept on Payment of 30 June 1998 determines basic principles of payment policy development, including the principles of equity and transparency. It notes that, on 11 January 2000, the Cabinet of Ministers approved a concept on payment systems for employees of institutions financed by the state budget. The Government indicates that jobs in these institutions are evaluated by utilizing analytical methodology developed to evaluate jobs involving intellectual and physical tasks. The Committee asks the Government to provide in its next report the results achieved in terms of raising women’s wages by applying this payment system methodology to these institutions. Further, referring to its previous comments regarding the concentration of women in lower paid sectors in the Latvian labour market, the Committee once again points out that the adoption of non-discriminatory job evaluation criteria applied in a uniform manner and on the broader level at which wage policies are set may lead to a reduction in the existing wage disparities arising from traditional stereotypes in respect of the value of "women’s work" (see General Survey on equal remuneration, 1986, paragraph 256). The Committee therefore again asks the Government to indicate the steps taken or contemplated to ensure that the analytical methodology described in the report utilizes a scope of comparison outside the limits of the female-dominated sector or enterprise (such as the sectors financed by state and municipal budgets).
5. With reference to its previous comments, the Committee once again asks the Government to supply the following information: (1) samples of collective agreements, including wage scales, concluded for sectors or enterprises in which women are concentrated; (2) an indication of the extent to which workers in those sectors or enterprises are employed on piece-wages instead of salaries and the criteria utilized by employers to determine which of these two systems of remuneration is to be applied; (3) information on the extent to which work quotas are used, the types of jobs and sectors in which they are primarily utilized, the manner in which such quotas are set and applied and any measures taken or contemplated to ensure that remuneration under the work quota system is paid in accordance with the principle of the Convention.
6. Part III of the report form. The Committee notes the information provided in the report with regard to the activities of the Latvian Human Rights Office. It also notes from the report that, in 1999, the State Labour Inspectorate registered 2,018 equal pay violations out of a total of 15,350 violations. The Committee would appreciate receiving information on the activities of these two agencies in future reports, and the manner in which the violations were remedied.
7. Part IV of the report form. The Committee notes with interest the information provided by the Government regarding the first case brought before the Latvian courts which raises the issue of sex-based salary discrimination. Noting that the case is currently on appeal to the Supreme Court of the Republic of Latvia, the Committee asks the Government to keep it informed regarding this matter and to supply a copy of the decision once a final outcome is reached.
The Committee notes the information, including statistical data, contained in the Government's report.
1. The Committee notes from the report that, in 1998, women's average gross monthly salary over all sectors was 78 per cent of men's. The Committee also notes with interest that women earned 97.6 per cent of men's average salary in the sector of equipment and machinery operators and assemblers. Female civil servants earned 85 per cent of male civil servants' average salaries. The greatest wage disparity was found in trade and services, where women earned 64.8 per cent of men's average wages.
2. Article 1(a) of the Convention. The Committee notes the Government's explanations concerning Latvian legislation on women's rights in the workplace. However, the Committee once again notes that the 1994 Labour Code does not provide a general definition of the term "remuneration". The Committee points out that the definition of remuneration in the Convention is couched in the broadest possible terms, in order to ensure that equality in remuneration is not limited to the basic or ordinary wage. Accordingly, it once again asks the Government to indicate the measures taken or envisaged to ensure that all payments to workers above the minimum wage, including "any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer", are made without discrimination based on sex.
3. Article 1(b). With respect to its previous comments, the Committee notes that, while the 1994 Labour Code establishes that men and women enjoy equal rights to, inter alia, work and remuneration, the concept of pay equality is not addressed. The Committee therefore again requests the Government to indicate whether any measures have been taken or are contemplated to reflect in Latvian legislation the principle of equal remuneration for men and women workers for work of equal value.
4. Article 2. The Committee notes with interest the information supplied on the classification of occupations adopted by the Government, which is based upon the ILO International Standards Classification of Occupations. With regard to the wage scales utilized, the Committee notes the Concept on Payment developed by the Ministry of Welfare and approved by the Cabinet of Ministers on 30 June 1998. The Committee notes from the report that the purpose of the Concept is to develop a flexible and mobile payment system which would be more competitive with private sector wages and would motivate employee productivity by linking salaries with performance results. The Committee recalls that, while performance appraisal criteria such as skill and output are not discriminatory per se, they must be applied in good faith to prevent gender-based wage differentials from arising (see General Survey on equal remuneration, 1986, paragraph 54). The Committee requests the Government to continue to supply information on the implementation of the Concept and its impact on wages of women and men.
5. Article 3. In reporting on progress made in reducing sex-based wage differentials in Latvia, the Government attributes the existing wage disparity to two factors: (1) the greater burden that Latvian women shoulder with respect to family responsibilities, which impedes their access to better paid management-level positions; and (2) occupational segregation. The Committee requests the Government to provide information on measures taken to raise public awareness of this problem and promote a more equal sharing of family responsibilities, as well as any concrete measures taken or envisaged to assist men and women workers in balancing work and family responsibilities. Further, the Government is asked to indicate any measures taken to promote women's access to better-paid supervisory and managerial positions, including providing occupational guidance and vocational training to enable women to compete more effectively for such positions.
6. The Government indicates that women in the Latvian labour market are concentrated in sectors mostly financed by state and municipal budgets and which have the lowest average salaries in the country, such as education, social work and culture. In this regard, the Committee points out that men and women may in practice be segregated into different occupations and industries due to long-held historical and societal attitudes. In the context of a pay equity scheme in conformity with the Convention, the adoption of non-discriminatory job evaluation criteria that are applied in a uniform manner and on the broader level at which wage policies are set may lead to a reduction in those wage differentials arising from traditional stereotypes in respect of the value of "women's work" (see 1986 General Survey, paragraph 256). The Committee requests the Government to indicate the steps taken or contemplated to ensure that the objective appraisal of jobs on the basis of the work to be performed is based upon a scope of comparison outside the limits of the female-dominated sector or enterprise, to ensure an evaluation free from gender-based discrimination.
7. The Committee notes from the Government's report that less than 30 per cent of Latvian workers are affiliated to trade unions and that these persons are all covered by collective agreements. It further notes the Government's statement that workers' organizations do not permit discriminatory terms to be included in collective agreements. In this connection, the Committee reiterates its request that the Government supply samples of collective agreements, including wage scales, concluded for sectors or enterprises in which women are concentrated. The Committee also repeats its request that the Government supply information on the extent to which work quotas are used, the types of jobs and sectors in which they are primarily utilized, and the manner in which such quotas are set and applied. Please also indicate any measures taken or contemplated to ensure that remuneration under the work quota system is paid in accordance with the principle of the Convention.
8. The Government states that the Latvian Human Rights Office and the State Labour Inspection are responsible for implementing the provisions of the Convention. The Government is requested to supply information regarding the activities of the Human Rights Office in promoting and ensuring the application of the Convention. With respect to the State Labour Inspection, the Government is requested to indicate the number of equal pay inspections conducted during the reporting period, the violations detected, and action taken.
The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. Article 1, paragraph (a), of the Convention. The Committee notes that there is no general definition of "remuneration" in the 1994 Labour Code and that it is therefore not clear that all elements of remuneration are included within the concept of wages or remuneration as required by this provision of the Convention. The Committee requests the Government to indicate the measures taken to ensure that all payments to workers above the minimum wage, including "any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer" are made without discrimination based on sex.
2. Article 1, paragraph (b). The Committee notes that the only legislative stipulation concerning equal remuneration between men and women is contained in section 1 of the Labour Code, which provides that "men and women shall enjoy equal rights to work, remuneration, recreation, social security and social protection". This formulation does not address the concept of pay equality in the terms required by the Convention, which calls for the application of the principle of equal remuneration for men and women workers for work of equal value. Accordingly, the Committee requests the Government to indicate any measures taken or contemplated to reflect in legislation, the principle of the Convention.
3. Article 2. The Committee requests the Government to provide information on the criteria used to determine the classifications and corresponding wage scales of employees of the state administration and of state-owned enterprises, institutions and organizations and local self-government (pursuant to sections 85 and 86 of the Labour Code). Please also supply copies of the categories and wage scales in force in these sectors of employment, together with an indication as to the numbers or percentages of men and women employed in the various categories.
As concerns private sector employment, the Committee requests the Government to provide samples of collective agreements, including wage scales, concluded for enterprises or industries in which a significant number of women are employed. Please also indicate the extent to which workers are employed on piece-wages, as opposed to salaries, and supply information concerning the criteria used by employers for determining which of these systems of remuneration is to be applied. As requested in the report form on the Convention, please supply general information on the manner in which the application of the Convention is promoted and assured, and indicate whether the principle is applied to all workers, including those employed in agriculture and the service sector.
4. Article 3. It appears from Chapter 7 of the Labour Code, dealing with work quotas, that the quantity and quality of work determine the actual payment, or non-payment, of the fixed wage to workers employed under collective agreements. The Committee requests the Government to provide information on the extent to which work quotas are used, the types of jobs and sectors concerned and the way in which quotas are set and applied. The Committee also requests the Government to furnish information on any surveys or studies carried out, including statistical data, on the actual wage rates paid to men and women in the economy generally, in particular regions or sectors of employment. The Committee would also be grateful if the Government would provide information on any measures taken by relevant equality agencies or by women's organizations to ensure and promote the application of the Convention.
5. Article 4. The Committee requests the Government to provide information on the actual methods adopted to cooperate with workers' and employers' organizations in the application of the Convention, with particular emphasis on any positive measures taken to give effect to the principle of equal remuneration.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the information contained in the Government's first report on the application of the Convention. The Committee would be grateful if the Government would provide further information on the following matters in its next report.