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

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

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

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

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

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

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Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap. The Committee notes from the Government’s report that the gender pay gap was 13.9 per cent in 2016. It notes the Government’s indication, in reply to its previous comments, that the project on “Actions for reducing the gender pay gap” was implemented from 2010 to 2015 by the Ministry of Labour, Welfare and Social Insurance. The Committee welcomes the measures taken within the framework with a view to: (i) addressing gender vertical and horizontal occupational segregation, including through training programmes for careers advice professionals, teachers and parents and exchanging good practices; (ii) strengthening and upgrading of the inspection mechanism for the enforcement of equality in employment and equal pay legislation; (iii) review collective agreements and training social partners on equal pay; and (iv) issuing and disseminating a guide explaining in detail the provisions of Equal Pay, and Protection of Wages Laws to nearly 1,500 companies and associations. The Committee further notes the Government’s indication that, since several of the measures are ongoing or expected to have long-term benefits, and due to the gradual but continuous advancement of women’s position in the labour market, the downward trend of the gender pay gap is expected to continue. However, the Committee notes that Eurostat’s data show that, despite a slight decrease in the unadjusted gender pay gap from 14.2 per cent in 2014 to 13.7 per cent in 2017, the gender pay gap is still very high in the private sector reaching 22.8 per cent in 2017 (compared to 23.5 in 2014). It further notes, from the “Average gross monthly earnings by branch of economic activity and sex” survey published by the Statistical Service of Cyprus (CYSTAT), that in 2017 the gender pay gap remained particularly high in sectors where the majority of workers are women, standing at 42.1 per cent in education and 35.3 per cent in human health and social work activities. Furthermore, according to the survey, the average monthly salary of women remains substantially lower than that of men, even when men and women workers are employed in the same branches of economic activity, except in the public administration. The Committee asks the Government to continue to provide detailed information on the steps taken or envisaged to reduce the gender pay gap, including measures to address the occupational gender segregation and awareness-raising measures. The Committee also asks the Government to provide updated statistical information: (i) on the participation of men and women in education and training, as well as in employment and occupation, disaggregated by occupational categories and positions; and (ii) on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

Article 2(2)(a). Minimum wages. Referring to its previous comments where it noted that although there is no national minimum wage which covers every occupational category, there is a statutory minimum wage which applies to nine occupations among which women are predominantly employed and which are usually low-paid, such as clerks, shop assistants, childcare workers, personal care workers and cleaners, the Committee notes the Government’s repeated indication, in its report, that, since 2012, there has not been any increase of the statutory minimum wage. It notes however that, in its concluding observations, the United Nations (UN) Committee on Economic, Social and Cultural Rights (CESCR) expressed concern at the very low level of coverage (13 per cent) of the workforce by minimum wages and at the insufficient level of the minimum wages, which have been frozen since 2012 (E/C.12/CYP/CO/6, 28 October 2016, paragraphs 23 and 27). In light of the persistent gender pay gap and gender segregation of the labour market, the Committee asks the Government to provide information on the manner in which it is ensured that, in defining minimum wages, rates are fixed on objective criteria, free from gender bias, and, in particular, that sector-specific wages do not result in the undervaluation of jobs predominantly occupied by women in comparison to those occupied by men. It asks the Government to continue to provide information on any future increase in the statutory minimum wage, as well as on any steps taken or envisaged to increase the coverage of the workforce by minimum wage. The Committee asks the Government to provide statistical information on the percentage of women and men who are paid the statutory minimum wage.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. Referring to its previous comments, the Committee notes the Government’s indication that training was provided to members of trade unions and employers’ organizations regarding the promotion of equal pay in the collective bargaining process, and that a guide was issued and disseminated involving practical ways of promoting pay equality while engaging in collective bargaining. Recalling the important role that can be played by collective agreements in the application of the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to provide information on the impact with respect to the principle of the Convention of the training delivered to social partners and the guide on the promotion of equal pay in collective bargaining. It asks the Government to provide summaries of the provisions on wages determination and equal remuneration for men and women for work of equal value that have been included in collective agreements. The Committee asks the Government to provide information on any concrete steps and actions undertaken to promote the implementation of the principle of the Convention with the cooperation of the social partners, and the results of such initiatives.

Article 3. Objective job evaluation. The Committee previously noted that officers and inspectors from the Department of Labour Relations received training from experts on how to perform objective job evaluations and that it was envisaged that job evaluation procedures would feature extensively in a specialized manual to be created and utilized by employers. It notes the Government’s indication that a guide explaining in detail the provisions of the equal pay legislation, and including in-depth guidance on job evaluation, was issued and disseminated to nearly 1,500 companies and associations. The Committee notes the Government’s statement that as no complaint was filed regarding the equal pay legislation, no job evaluation was carried out. The Committee draws the Government’s attention to the fact that, regardless of any complaint lodged on pay discrimination, the effective implementation of the principle of the Convention requires some method of measuring and comparing the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skill, effort, responsibilities and working conditions, in order to avoid the assessment being tainted by gender bias. It further recalls that measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see 2012 General Survey on fundamental Conventions, paragraph 695). Furthermore, the Committee notes that, in its concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) specifically recommended that the Government adopt further measures to close the gender wage gap, including through gender-neutral analytical job classification and evaluation methods and regular pay surveys (CEDAW/C/CYP/CO/8, 25 July 2018, paragraph 37). The Committee asks the Government to provide information on any measures taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs, both in the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensuring the effective implementation of the principle of equal remuneration for men and women for work of equal value. It asks the Government to provide information on any job evaluation exercise undertaken in the public sector, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value, as well as on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias in the private sector.

Enforcement. The Committee notes the Government’s indication that an Equal Pay Day is organized annually to raise public awareness on the gender pay gap and its detrimental consequences, as well as on the existing complaint mechanisms, and that an annual target for inspection on equal pay has been set. The Government adds that 148 and 197 inspections were conducted in 2016 and 2017 respectively, but that no violation of the legislation was found and that no complaint was filed regarding the equal pay legislation. The Committee notes that the European Commission recently highlighted that there is no case law on the issue of equal pay but that a complaint lodged with the Ombudsman regarding equal pay was treated under the law on gender equality, and that another complaint lodged was solved between the complainant and the employer (European Commission, Country report on gender equality, 2018, page 18). Furthermore, the Committee notes that, in its concluding observations, CEDAW recommended that the Government strictly enforce the Equal Pay for Men and Women for Equal Work or Work of Equal Value (Amendment) Law, including by imposing sanctions for non-compliance (CEDAW/C/CYP/CO/8, 25 July 2018, paragraph 37). The Committee recalls that where no cases or complaints, or very few, are being lodged in the area of pay discrimination, this does not mean that no problem exists with regard to the practical application of the Convention but is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey, paragraph 870). In light of the very low number of cases concerning inequality of remuneration officially registered, the Committee asks the Government to continue to provide information on any activities undertaken to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the principle of the Convention, as well as to increase the capacity of women, including migrant women, to better understand and claim their rights. It asks the Government to continue to provide information on the activities carried out by the labour inspectorate on equal remuneration, including detailed information on their annual target for inspections on equal pay. The Committee asks the Government to provide detailed information on the number, nature and outcome of any cases or complaints concerning inequality of remuneration dealt with by the labour inspectors, the Ombudsman or the courts, as well as on the sanctions imposed and remedies granted.

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Addressing the gender remuneration gap. The Committee notes that in its report, the Government refers to the project “Actions for reducing the gender pay gap” which was implemented through a series of measures between 2011 and 2015. The Committee further notes that in its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Government indicates that these measures included, among others, a tripartite conference on equal pay, the improvement of inspection mechanisms for equal pay legislation, the establishment of a National Certification Body, measures to eliminate occupational and sectoral segregation, training of teachers and parents to diversify women’s academic and professional choices, specialized training programmes for practitioners and social partners and the examination of collective agreements for the identification of discrimination regarding pay. Despite all these measures, the Committee notes, from the Eurostat statistics on the gender pay gap, that the unadjusted pay gap only went down from 16.4 per cent in 2011 to 16.2 per cent in 2012. It also notes from the Eurostat data that in 2013 the gender pay gap was 24.1 per cent in the private sector and 0.3 per cent in the public sector. The Committee requests the Government to continue to take measures, including within the framework of the project “Actions for reducing the gender pay gap”, to reduce the gender pay gap, to improve inspection mechanisms and eliminate occupational and sectoral segregation, and to provide detailed information on the progress achieved in this regard. Please also provide information on the activities undertaken by the National Certification Body in relation to the promotion of the principle of equal remuneration for men and women for work of equal value. The Government is also requested to explain why, in its opinion, the gender remuneration gap has not decreased further between 2011 and 2012 and why it remains as high as 24 per cent in the private sector, despite the various measures put in place. Finally, the Committee requests the Government to provide up-to-date and detailed statistical data on the gender remuneration gap, disaggregated by sex, sector and level of occupation.

Article 3 of the Convention. Job evaluation systems. The Committee notes the Government’s indication that between December 2014 and May 2015, the National Certification Body has certified 20 businesses for their good practice relating to equal treatment and/or equal pay between men and women. It also notes that officers and inspectors of the Department of Labour Relations of the Ministry of Labour, Welfare and Social Insurance received training from experts to learn how to perform objective job evaluations. Further, in line with the project “Actions for reducing the gender pay gap”, it is envisaged that job evaluation procedures will feature extensively in a specialized manual to be created and utilized by employers. The Committee requests the Government to provide concrete information on the job evaluations carried out and their impact on the achievement of the principle of the Convention. Please also provide a copy of the specialized manual detailing the evaluation procedures to be followed by employers, once it is published.

Article 4. Cooperation with social partners. The Committee recalls the Government’s previous indication that employers’ and workers’ organizations had been invited to examine the compliance of collective agreements with equal pay provisions. In addition, as noted above, one of the measures of the project “Actions for reducing the gender pay gap” was to provide training to members of trade unions and employers’ associations regarding the promotion of equal pay in the collective bargaining process. The Committee requests the Government to provide information on the impact that the training delivered to the social partners had on collective agreements with respect to the principle of the Convention. It also requests the Government to provide information on any progress made in examining and ensuring that collective agreements comply with the equal pay provisions, as well as information on any other awareness-raising activities.

Minimum wages. The Government indicates, in its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the statutory minimum wage applies to nine occupations and has not increased since 2012. The Committee requests the Government to continue to provide information on any future increases in the minimum wage rates, particularly in sectors in which women are predominantly employed, and to indicate how it ensures that minimum wage rates are free from any gender bias.

Enforcement. The Committee recalls the low number of complaints filed on equal pay. It also previously noted that a consultant was to be appointed to promote specific measures aimed at raising awareness regarding the existing complaints mechanisms, with a view to eliminating reluctance to file complaints. The Government indicates that, during 2012 and 2013, labour inspectors and officers of the Ombudsman’s office received intensive training on the enforcement of equal pay and that a target of 1,000 inspections on equal pay would be concluded by the end of 2015. The Committee requests the Government to provide detailed information on the inspections carried out by the labour inspectorate as well as on any sanctions and remedies imposed. Noting the absence of any information in this regard, the Committee, once again, requests the Government to provide detailed information on the contents of the awareness raising activities on complaint mechanisms, as well as any measures taken to make the complaint mechanisms more accessible to the general public. Please provide information on the practical application of Act No. 38(I) of 2009 (Amendment) regarding equal remuneration between men and women for the same work and for work of equal value, including complaints concerning violations of the equal remuneration legislation brought before the competent bodies and the courts.

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Addressing the gender remuneration gap. The Committee notes that the overall gender remuneration (gross hourly earnings) gap further decreased from 22.8 per cent in 2007 to 21.3 per cent in 2009. It also notes the Government’s indication that the project “Actions for reducing the gender pay gap” was introduced in the National Operational Programme in 2010, and that the implementation of the first action was initiated in 2011. It further notes the Government’s indication that a series of specialized training programmes for the labour inspectors, including the preparation of manuals for the enforcement of legislation will follow, and that guides, manuals and tools will be developed and training activities will be organized for the representatives of employers’ and workers’ organizations in 2013. The Committee asks the Government to continue to provide information on the implementation of the project “Actions for reducing the gender pay gap”, including information on manuals and tools developed, and the results achieved. Recalling the Government’s previous indication that employers’ and workers’ organizations had been invited to examine the compliance of collective agreements with equal pay provisions, the Committee asks the Government to provide information on any progress made in this regard. Please also continue to provide statistical data on the gender remuneration gap in respect of gross hourly earnings, as well as specific information on the earnings of men and women in the private and public sectors.

Job evaluation systems. The Committee notes the Government’s indication that the development of job evaluation tools will be promoted during the second term of 2012 under the project “Actions for reducing the gender pay gap”. The Committee asks the Government to provide information on any progress made to promote and develop tools for objective job evaluation under the project “Actions for reducing the gender pay gap”, as well as on action taken to support the social partners in undertaking objective job evaluation exercises free from gender bias, and the results achieved.

Minimum wages. The Committee notes the Government’s indication that the minimum wages increases in 2011, as well as the expansion of their coverage to cleaners of business buildings in addition to employees with sanitation and caring duties, have contributed to reducing the gender pay gap. Please continue to provide information on any future minimum wages increases, particularly in sectors in which women are predominantly employed, and their impact on the gender pay gap.

Enforcement. The Committee notes the Government’s indication that four complaints concerning equal pay were submitted to the Office of the Ombudsman during the period 2008–11, while no complaints were submitted under the complaints mechanism of the Ministry of Labour and Social Insurance. It also notes the Government’s indication that a consultant to be appointed will promote specific measures aimed at raising awareness regarding the existing complaints mechanisms, with a view to eliminating hesitation in filing complaints. The Committee asks the Government to provide detailed information on the contents of the awareness-raising activities on complaint mechanisms, as well as any measures taken to make the complaint mechanisms more accessible to the general public. Please continue to provide information on the practical application of Act No. 38(I) of 2009 (Amendment) regarding equal remuneration between men and women for the same work and for work of equal value, including complaints concerning violations of the equal remuneration legislation brought before the competent bodies and the courts.

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Addressing the gender remuneration gap. The Committee notes that the overall gender remuneration gap (gross hourly earnings) further decreased from 25 per cent in 2005 to 22.8 per cent in 2007, but remains relatively high. The Committee notes the findings and proposals made by the “Analysis of the Gender Pay Gap in Cyprus and Practical Suggestions for Reducing the Gap” with respect to the underlying causes of the gender pay gap and the unexplained difference in wages which is presumed to be due to discrimination. The Committee notes that the Ministry of Labour and Social Insurance (MLSI), with inputs from the social partners, developed a project with concrete measures aimed at reducing the gender pay gap to be implemented during 2009–13, and to be co-financed by the European Social Fund. Some of the measures include the establishment of an effective inspection mechanism for the enforcement of equal pay legislation, the preparation of manuals and guides as tools for investigating cases of inequality in employment, training programmes for trade unions and employers’ associations, measures for eliminating occupational and sectoral segregation, interventions promoting the reconciliation of work and family life, and measures for the elimination of gender stereotypes through the educational system. The Committee asks the Government to provide information in the implementation of the project aimed at reducing the gender pay gap, including copies of manuals and tools developed, and the results achieved so far. Please also continue to provide statistical data on the gender remuneration gap in respect of gross hourly earnings, as well as specific information on the earnings of men and women in the private and public sectors.

Collective agreements. The Committee notes that employers’ and workers’ organizations were invited to examine the compliance of the provisions of collective agreements with the equal pay legislation, and that the Government hopes that the training activities and guidelines, manuals and tools to be developed in the context of the abovementioned project will contribute to avoiding and eliminating discriminatory provisions in collective agreements. The Committee asks the Government to provide information on any action undertaken by the social partners to examine the compliance of provisions of collective agreements with the equal pay legislation, and the results achieved.

Job evaluation systems. The Committee notes the Government’s indication that the project aimed at reducing the gender pay gap will include measures aimed at developing and promoting job evaluation tools for managers and human resource professionals. The Government further states that the MLSI would support initiatives of the social partners to evaluate and classify occupations of certain sectors of the economy. The Committee asks the Government to provide information on any measures taken to promote and develop tools for objective job evaluation under the project aimed at reducing the gender pay gap, as well as on action taken to support social partners in undertaking objective job evaluation exercises free from gender bias, and the results achieved.

Minimum wages. The Committee notes the Government’s indication that the minimum wages increases in 2008 and 2009, as well as the expansion of their coverage to security guards and employees with sanitation and caring duties, have contributed to reducing the gender pay gap. Please continue to provide information on any future minimum wages increases, particularly in sectors in which women are predominantly employed, and their impact on the gender wage gap.

Enforcement. The Committee notes that no complaints were submitted regarding violations of the principle of equal remuneration and that the Government attributes the small number of complaints partly to the fact that many private sector employees are covered by collective agreements. Noting the Government’s indication that awareness raising on the existing complaints mechanism and the provisions of the equal pay legislation will be covered by the project aimed at reducing the gender pay gap, the Committee asks the Government to provide information on the implementation of such activities, and their impact. Please continue to provide information on complaints concerning violations of the equal pay legislation brought before the competent bodies and the courts.

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Legislative developments. The Committee notes with interest the adoption of Act No. 38(I) of 2009 (Amendment) regarding equal remuneration between men and women for the same work and for work of equal value, amending Act No. 177(I) of 2002 and Act No. 193(I) of 2004 (Basic Acts) concerning equal remuneration between men and women. These laws were adopted with a view to harmonizing the national legislation with the Directive 2006/54/EC of the European Parliament and the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast). The Committee notes that Act No. 38(I) of 2009 strengthens the definitions of direct and indirect discrimination based on sex, and of remuneration, and inserts provisions regarding the promotion of equal remuneration through social dialogue and dialogue with concerned non-governmental organizations. The Act also provides for out-of-court protection of victims of discrimination (complaints can be submitted to the Ombudsman’s Office), enhances the accessibility of legal proceedings and the provision of legal aid by the Gender Equality Committee in Employment and Vocational Training, and clarifies the shifting of the burden of proof to the respondent. The Committee asks the Government to provide information on the practical application of the Acts of 2002 to 2009 concerning equal remuneration between men and women for the same work and for work of equal value, including relevant judicial and administrative decisions, as well as complaints handled by the labour inspection services.

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

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1. Gender remuneration gap. The Committee notes that the gender remuneration gap (gross hourly earnings) decreased from 33 per cent in 1994 to 25 per cent in 2002. Between 2002 and 2005 the gap remained at the level of 25 per cent, which is the widest gender remuneration gap in the European Union, according to EUROSTAT data. The Committee asks the Government to continue to provide statistical information on the gender remuneration gap in respect of gross hourly earnings, and also information on the earnings of women and men in both the private and the public sectors.

2. The Committee notes that the study on the gender pay gap commissioned by the Ministry of Labour and Social Insurance was finalized in July 2007. The Government indicates that the study suggested policy measures for reducing the gender pay gap, drawing on international experiences. The findings, conclusions and recommendations addressed to the authorities, enterprises and social partners were being disseminated and the Ministry would promote specific policy measures, following consultations with social partners. The Committee asks the Government to provide more detailed information on the findings, conclusions and recommendations set out in the abovementioned study and the outcomes of the tripartite consultation thereon, as well as the specific measures taken to follow up on these recommendations. In this context, the Committee asks the Government to provide information on the measures taken to promote the application of the Convention through the development of objective job evaluation systems, increasing minimum wages, particularly in female‑dominated sectors and through promoting the review of collective agreements, as indicated in the report.

3. Enforcement of the legislation. The Committee notes that the Office of the Ombudsperson has received only one complaint under the Equal Pay Act so far. One complaint by a trade union on equal remuneration in the retail sector was investigated by labour inspectors which led to a settlement by agreement. Noting the Government’s commitment to undertake further awareness raising on the available legal protection against pay discrimination, as well as to enhance the labour inspectorate’s capacity, the Committee asks the Government to indicate the concrete steps taken in this regard. It also asks the Government to continue to provide information on the complaints concerning violations of the principle of equal remuneration for work of equal value brought before the competent administrative bodies and the courts (facts, rulings, remedies provided or sanctions imposed).

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1. Remuneration gap. The Committee notes from the statistics provided by the Government that the monthly pay differential (mean rate) between men and women stood at 33.7 per cent in 2003. The Government states that the practical enforcement of the country’s equality legislation has contributed to the declining wage gap. The Committee notes, however, that although this gap has been in gradual decline over the past two decades, it nonetheless remains high. The Committee notes the measures indicated by the Government for ensuring that the pay differential between men and women continues to decrease in the coming years - in particular the plan by the Ministry of Labour and Social Insurance to commission a project in 2006 for the purpose of defining the reasons, occupations and sectors responsible for the current wage gap. The Committee asks the Government to continue to provide information on the supervisory and advisory work of the labour inspectorate with regard to equal pay, including any investigations or job evaluations undertaken and the results obtained. It also asks the Government to keep it informed as to the developments and implementation of the Ministry of Labour and Social Insurance project scheduled for 2006 and to send information, when available, on its conclusions, recommendations and follow-up measures. Please continue to provide the latest statistical data on pay differentials between men and women for both the public and private sectors in accordance with the Committee’s 1998 general observation.

2. Article 2(2)(a) of the Convention. National laws or regulations. The Committee notes the Equal Pay (Amendment) Act (Law No. 193 (I)/2004) and the Equal Treatment (Amendment) Act (Law No. 191 (I)/2004), which each establish an ombudsperson to receive and independently examine complaints under their respective Acts. It notes in addition the Government’s statement that, although complaints relating to pay discrimination may be dealt with by a committee under the Equal Pay Act, to date, no complaints have been submitted. Noting that, under the Equal Treatment Act, the Gender Equality Committee is mandated to undertake a number of educational and promotional activities, the Committee asks the Government to indicate whether any similar initiatives are under way or anticipated with respect to the Equal Pay Act to raise awareness about equal remuneration generally among workers and the social partners and, more specifically, to publicize the complaint mechanisms available under the Equal Pay Act. The Committee also asks the Government to provide information on the work of the equal pay and equal treatment ombudspersons, along with the number and outcome of cases submitted to them concerning equal pay.

3. Article 2(2)(c). Collective Agreements. The Committee notes from the Government’s report that the Ministry of Labour and Social Insurance has sent a circular to all social partners requesting the examination and amendment of existing collective agreement provisions found to be contrary to the Equal Pay Act of 2002. Noting that October 2005 was the deadline for the social partners to report to the Ministry, the Committee asks the Government to indicate the number of collective agreements identified in this exercise that contained provisions incompatible with the Equal Pay Act. It also asks the Government to provide information on any processes under way and the amendments adopted, if any, to remedy outstanding discriminatory provisions in collective agreements with respect to equal pay between men and women.

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The Committee notes the information in the Government’s report and the attached legislation and documentation.

1. Further to its observation, the Committee notes that according to section 7(4) of the new Equal Pay Act of 2002 collective agreements, individual contracts or internal company regulations that are contrary to the provisions of the Act shall be repealed, and that within three months of its entry into force, the competent authority must invite the social partners to examine the existing provisions of the collective agreements, in order to amend them if found contrary to the law (section 8(1)). The Committee asks the Government to provide information on the practical application of this provision and the results achieved.

2. The Committee notes with interest the adoption of the Act on Equal Treatment for Men and Women in Employment and Vocational Training (Law (205(I)/2002), which came into force in January 2003. It notes that the Act provides for the establishment of a Gender Equality Committee with an advisory role and supervisory role with respect to the implementation of the new Act. Noting also that the Gender Equality Committee can initiate and receive complaints, which it will forward to the chief inspector handling the case, the Committee asks the Government to provide information on the practical application and enforcement of the Act and to indicate the number of cases handled by the Gender Equality Committee concerning equal pay and the results achieved.

3. The Committee notes from the Government’s report that pay differentials in recent years have stabilized and that - with the exception of a widening in 1999 - the long-term trend of pay differentials is expected to continue to reduce. It further notes that while the gap between male and female employment rates is decreasing, women are still concentrated in the services sector (83 per cent) and that 27 per cent of women are employed as managers, professionals and technicians. The Committee notes the various measures taken by the Government to promote equality of opportunity and treatment of women in the labour market, and asks the Government to provide information on their impact on reducing the wage gap between men and women and to continue to provide statistical data on the pay differentials between men and women, in accordance with its general observation of 1998.

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1. The Committee notes with satisfaction the adoption on 2 September 2002 of the Act to Provide Equal Pay Between Men and Women for the Same Work or for Work to which Equal Value is Attributed, the purpose of which is to ensure that the principle of equal pay between men and women for equal work or work of equal value is applied (section 3). It notes in particular that section 2 of the Act defines pay as "including the usual basic contribution and any other additional contributions paid directly or indirectly, either in money or in kind, by the employer to the employee in exchange for the work provided", which is in accordance with Article 1(a) of the Convention. The Act also provides, in line with Article 1(b) of the Convention, that the principle of equality in pay means "the absence of any kind of direct and indirect discrimination based on sex, as regards pay for the same work or for work to which equal value is attributed", and defines work of equal value as "work carried out by men and women which is identical or materially identical in nature or to which equal value is attributed, based on objective criteria".

2. Furthermore, the Committee notes that the Act applies to all employees for all activities related to "employment" (which is given a very broad definition in section 2) and requires that every employer provide equal pay to men and women for the same work and for work to which equal value is attributed, irrespective of the sex of the employee (section 5(1)). Pursuant to section 5(2), professional classification systems should be based on common criteria for male and female employees and designed in such a manner that sex discrimination is excluded. For the purpose of comparison the Act sets out criteria of the nature of the duties, the degree of responsibility, qualifications, skills and seniority, qualifications-related requirements and the conditions under which the work is carried out (section 18).

3. The Act further includes provisions concerning the prohibition of victimization in the case of equal pay complaints and imposing sanctions on employers contravening these provisions. The Committee notes with particular interest that the Act gives a specific supervisory and advisory role to the labour inspectorate on equal pay inspections (sections 10-14) and establishes a special committee for investigation and assessment of work (sections 15-17) to undertake an evaluation of jobs said to be of equal value in the case of complaints.

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

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The Committee notes the information contained in the Government’s report, including the statistical data provided.

1. The Committee notes that the pay gap between men and women has continued to decrease slightly. In 1996 women’s mean monthly rate of pay was 72 per cent of men’s and by 1998 it was 74.33 per cent. Women’s median monthly rate of pay amounted to 70 per cent of men’s in 1996 and in 1998 it had only increased to 71.67 per cent. The Committee asks the Government to provide the "Labour Statistics, 1998" report referred to in its report under the Convention and invites the Government to continue to provide statistical information along the lines of its general observation to this Convention.

2. The Committee notes that the Government is currently considering, in consultation with the social partners within the framework of the Labour Advisory Board, the alignment of the existing legislation with the Community Directive on Equal Pay No. 75/117. It asks the Government to provide information on the relevant legislative developments and hopes that any changes will incorporate the requirement of equal remuneration for work of equal value between men and women. In this regard the Committee emphasizes the importance of using equal value as the basis of comparison.

3. The Committee notes that national level tripartite consultations, chaired by the Minister of Labour and Social Insurance, aiming at a more effective implementation of the principle of equal remuneration, have continued. It also notes that following these consultations a draft law amending the Equal Remuneration Law No. 158 of 1989 and empowering the Council of Ministers to issue regulations for a more effective implementation of the principle of equal remuneration, as well as draft regulations, have been approved by the Council of Ministers and submitted to the House of Representatives. The Committee asks the Government to provide copies of the Act and of the Regulations once adopted and hopes that they will expressly include the principle of equal remuneration for work of equal "value". The Committee also notes that during these tripartite consultations it was decided to draft regulations relating to the composition and terms of reference of the Technical Committee which may be set up under section 7 of Law No. 158 of 1989 with a view to assisting the Industrial Disputes Court in assessing work of equal value. The Committee hopes that information on the follow-up of this decision will be provided with the next report. It also reiterates its hope that the Government will continue to supply information, in its future reports, regarding the practical measures for implementation of the Convention developed through the abovementioned consultations.

4. The Committee asks the Government to supply information, including statistics, on women’s participation in the labour market and on any measures taken or envisaged to ensure that equality of opportunity and treatment between men and women in relation to employment and occupation, which is a precondition for equal pay for work of equal value, is ensured for male and female workers.

5. The Committee invites the Government to continue to provide information on developments concerning the elimination of wage discrimination in industry level collective agreements and reiterates its request for copies of the pay scales and job classifications contained in collective agreements.

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The Committee notes the information contained in the Government's report, including the statistical data provided.

1. The Committee notes that the national mean and median monthly rates of remuneration set forth in the statistical tables supplied by the Government reflect a continuing reduction in the wage gap between men and women workers in Cyprus. In 1984, women's mean monthly rate of pay was only 60 per cent of men's. By 1996, women's mean monthly rate of pay had increased to 72 per cent of the corresponding rate for men. Similarly, in 1984, women's median monthly rate of pay was 61 per cent of men's. By 1996, that figure had risen to 70 per cent. The Committee notes this progress with interest and hopes that the Government will continue to provide statistical information in its future reports along the lines requested in the Committee's previous general observation on the Convention.

2. In its previous comments, the Committee noted that considerable progress had been made towards the elimination of wage discrimination in collective agreements for the clothing and metal goods industries. The Committee would be grateful if the Government would continue to supply information on developments in the abovementioned sectors, as well as in other sectors, including the footwear, soft drink, construction and woodwork industries where less progress had been reported. The Government is also asked to provide copies of the pay scales and job classifications contained in the collective agreements for these industries.

3. The Committee notes the information supplied by the Government with regard to the consultations held between the social partners and chaired by the Minister of Labour and Social Insurance, concerning the practical measures to be taken to implement the principle of the Convention more effectively. Specifically, the Committee notes with interest the social partners' undertaking to continue their efforts through collective bargaining to eliminate the use of gender-based pay differences in collective agreements as well as the possible establishment of a committee on equality. The Committee also notes with interest the proposed amendments to Act No. 158 of 1989 on Equal Remuneration, which would give the Council of Ministers authority to issue regulations defining the power and duties of inspectors appointed under the Act. The Committee would be grateful if the Government would provide a copy of the amended Act and Regulations, once they are adopted. It hopes that the Government will continue to supply information, in its future reports, regarding the practical measures for implementation of the Convention developed through the abovementioned consultations.

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The Committee notes the information contained in the Government's reports.

1. The Committee recalls that, in response to a request of the Government for assistance in implementing the Convention, missions were undertaken in 1991 and in 1992 by officials of the International Labour Office. The Committee notes with satisfaction that the sex-based wage differentials in the collective agreements for the printing industry, the electrical contractors industry and the leather (luggage) industry were eliminated in the 1992-93 bargaining round, and that this equality has been maintained in the 1994-95 round of negotiations. The Committee also notes with interest that considerable progress was made towards eliminating wage discrimination on the basis of sex in the clothing and metal goods industries during the 1995 round of negotiations for the 1995-1997 (three-year) collective agreements concluded for those industries. In both of these industries, workers are now classified by skill and job type and the minimum pay rates and pay increases are specified without reference to the sex of the worker. As concerns other industries (footwear, soft drinks, construction and woodworking industries), the Committee notes with interest from the Government's report that some progress has been made towards eliminating wage discrimination. The Committee is particularly encouraged that progress has been made in spite of increasing economic problems which have caused a relatively low rate of improvement in the conditions of work. It hopes that the Government will continue to provide information on further developments in these sectors.

2. The Committee notes that the Tripartite Labour Advisory Board reviewed, in a general discussion, the recommendations made by the Office following the above-mentioned missions and set up, in February 1994, a tripartite technical committee to study them in detail, as well as the proposals submitted by the employers' and workers' organizations at the Board's general discussion. The Board examined the report of the technical committee in December 1995 and decided that further consultations, chaired by the Minister of Labour and Social Insurance, should take place between the social partners concerning the practical measures to be taken to implement further the Convention. The Committee hopes that the Government will be in a position to furnish details in its next report on the strategies determined through these consultations.

3. The Committee notes from the statistical data supplied that even though the wage differential between men and women is still high, it has been narrowing continuously. Please continue to furnish statistical data illustrating the wage gap in future reports.

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The Committee notes with regret that, for the third consecutive time, 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 comments, which read as follows:

1. In its previous observation, the Committee noted with interest that, in response to a request of the Government for assistance in implementing the provisions of the Convention, a mission was undertaken in December 1991 by officials of the International Labour Office who subsequently prepared a report concerning the measures which might be taken by the Government and the social partners to give effect to the principle of equal pay for work of equal value. The Committee had noted that this report was being examined by the relevant governmental authorities and by the workers' and employers' organizations and that the Office would be kept informed as to the outcome of this examination.

The Committee hopes once again that the Government will provide full information in its next report concerning the measures being taken or contemplated in the light of the assistance provided.

2. The Committee has noted with interest that a few renewed collective agreements have included a clause showing an intention to create new wage scales in place of the previous sex-based wage rates. The Committee hopes that, among the measures which might be taken pursuant to the assistance provided by the Office, priority will be given to the removal of the sex-based wage rates applying in a number of collective agreements. It requests the Government to supply full particulars in this regard in its next report.

3. The Committee has also noted with interest from the statistical data supplied in the Government's previous report that the wage differential between women and men continued to narrow. The Committee would be grateful if the Government would continue to provide information in its future reports showing the relative difference in the average earnings of women and men in the economy.

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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 comments, which read as follows:

The Committee hopes once again that the Government will provide full information in its next report concerning the measures being taken or contemplated in the light of the assistance provided.

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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 comments, which read as follows:

The Committee hopes once again that the Government will provide full information in its next report concerning the measures being taken or contemplated in the light of the assistance provided.

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The Committee has noted the information provided in the report of the Government.

1. The Committee has noted with interest that a few renewed collective agreements have included a clause showing an intention to create new wage scales in place of the previous sex-based wage rates. The Committee hopes that, among the measures which might be taken pursuant to the assistance provided by the Office, priority will be given to the removal of the sex-based wage rates applying in a number of collective agreements; and requests the Government to supply full particulars in this regard in its next report.

2. The Committee has also noted with interest from the statistical data supplied in the Government's report that the wage differential between women and men continued to narrow. The Committee would be grateful if the Government would continue to provide information in its future reports showing the relative difference in the average earnings of women and men in the economy.

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The Committee has noted with interest that, in response to a request of the Government for assistance in implementing the provisions of the Convention, a mission was undertaken in December 1991 by officials of the International Labour Office who subsequently prepared a report concerning the measures which might be taken by the Government and the social partners to give effect to the principle of equal pay for work of equal value. The Committee has noted that this report is being examined by the relevant governmental authorities and by the workers' and employers' organisations and that the Office will be kept informed as to the outcome of this examination.

The Committee hopes that the Government will provide full information in its next report concerning the measures being taken or contemplated in the light of the assistance provided.

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The Committee notes with interest the information given in the Government's first report, including the text of newly enacted legislation to extend the application of the principle of equal remuneration to all sectors of the economy (Equal Remuneration to Men and Women for Work of Equal Value Law, 1989).

1. The Committee notes the statement in the report that in a number of collective agreements (notably in the food, beverage, construction, clothing, woodworking and metal goods industries) minimum pay rates differ by sex. On this matter, the Committee refers to its previous comments made under Convention No. 111 where it observed that in recently concluded collective agreements or mediation proposals, pay scales were differentiated on the basis of sex not only at the base level but also as concerned prescribed weekly increases. Referring with interest to the Government's policy to reduce wage differentials and to the commitment of the social partners to ensure adherence to ratified ILO Conventions (Part E of the Industrial Relations Code, 1977), the Committee hopes that the Government will be able to indicate in its next report that positive steps have been taken both to abolish all differences in pay rates based on sex and to integrate the job categories specifically reserved for male or female workers in collective agreements. The Committee has also noted the statement of the Government in its report for 1989-90 under Convention No. 111, where it indicated that the equal remuneration legislation and a new tripartite policy was expected to have a positive effect on the elimination of sex-based pay rates in collective bargaining. In this, the Committee would draw the Government's attention to the importance of using new job classification methods based on objective criteria which have no connection with the present distinctions based on sex so as to ensure that sex-related discrimination is not continued under a different denomination.

2. Pending entry into force of the 1989 legislation, the Committee requests the Government to indicate whether women employed under particular collective agreements could invoke the grievance procedures provided for under the Industrial Relations Code, 1977, to amend discriminatory provisions in those agreements. The Committee also requests the Government to indicate whether it would be possible for women employed under the terms of a collective agreement to enforce collectively their right to equal remuneration under the legislation once it enters into force, since it would appear that sections 4 and 8 of the Act concern the rights of individual women to amend their individual contracts of employment.

3. Referring to the statement in the report that no dependent spouse is recognised for women workers in most industrial medical funds, the Committee requests the Government to indicate what measures have been taken or are contemplated to ensure the elimination of discrimination based on sex from social security schemes financed by particular undertakings or industries. In this respect, the Committee recalls the explanations given in paragraphs 17 and 88 of its 1986 General Survey on Equal Remuneration.

4. While noting that the 1989 equal remuneration legislation will not enter into force until October 1992, the Committee would be grateful if the Government would provide information on the manner in which it is envisaged that the law will apply in practice, since the reference to work of a like or substantially like nature in the Act's definition of work of equal value may be interpreted as requiring a more restrictive comparison of jobs than is contemplated by the Convention. Noting that no special methods have yet been adopted to promote an objective appraisal of jobs, the Committee would be grateful if the Government would indicate the criteria to be used under the legislation to determine the value of jobs to be compared and the scope of comparison envisaged. In addition, the Committee requests the Government to indicate the measures to be taken to ensure that the criteria used to compare jobs will not undervalue the work usually performed by women.

5. The Committee would be grateful if the Government would continue providing information on the practical measures taken pursuant to its policy to ensure equal treatment of men and women in employment and in particular on its efforts to reduce the wage differential between men and women. In this respect, the Committee requests the Government to indicate whether measures to raise the lowest rates of daily wages (e.g. as in article 2 of the 1987 proposal of the Conciliation Department of the Ministry of Labour and Social Security to resolve the dispute between the Association of Shoe Industries and the SEK and the PEO) have been taken with a specific view of reducing the wage differential between men and women. If so, the Committee would be grateful if the Government would provide any other examples of similar action. It also requests the Government to furnish with its next report copies of collective agreements for industries employing significant numbers of women (as appears to be the case, for example, in the food, tourist, hotel and banking industries).

6. Noting with interest that the implementation of the Convention has been the subject of close co-operation between the Government and the employers' and workers' organisations, the Committee requests the Government to provide specific information on any such co-operative measures taken or contemplated to ensure and promote the application of the principle of equal remuneration.