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Equal Remuneration Convention, 1951 (No. 100) - Republic of Moldova (RATIFICATION: 2000)

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Articles 1 and 2 of the Convention. Gender wage gap and occupational segregation. The Committee notes the detailed statistical information provided by the Government, in its report, in reply to the Committee’s request. The data shows that, while the average wage of women increased by 122.9 per cent from 2015 to 2017, women still earned 13.5 per cent less than men in 2017 (against 13.2 per cent less in 2015). According to the Government’s 2017 data, the gender pay gap is present in most sectors, including in the accommodation and catering sector (10.1 per cent) and in the health and social assistance sector (15.8 per cent). The Committee notes however that the gender pay gap has been reduced in wholesale and retail, maintenance and repair of motor vehicles and motorcycles, accommodation and catering, real estate transactions and education sectors. The Government explains that the gender pay gap is due to the fact that female-dominated jobs have a lower salary level, and that highly feminized sectors, such as hotels and restaurants (where 64.1 per cent of workers are women), education (where 75.5 per cent of workers are women) and health and social assistance (where 80.8 per cent of workers are women) are characterized by relatively low wages. The Committee recalls that historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences and capabilities and “suitability” for certain jobs, have contributed to occupational sex segregation within the labour market, with women concentrated in certain jobs and certain sectors of activity. These views and attitudes also tend to result in the undervaluation of “female jobs” in comparison with those of men who are performing different work and using different skills, when determining wage rates (see 2012 General Survey on the fundamental Conventions, paragraph 697). The Committee asks the government to continue taking measures to reduce the gender pay gap, in particular regarding the gender pay gap due to occupational segregation. The Committee also asks the Government to continue providing information on workers’ levels of remuneration across sectors and occupations.

Article 1(a). Definition of remuneration. Legislation. In its previous comments, the Committee noted the use of the terms “payment”, “wages” and “remuneration” in the Labour Code of 28 March 2003 and Law No.121 of 25 May 2012 on Ensuring Equality, and asked the Government to consider harmonizing the different terms at the earliest opportunity. The Committee notes that the Government: 1) refers again to the Labour Code and Law No.121 of 2012, and to the adoption of Law No. 270 of 23 November 2018 on the Unitary Pay System in the Budgetary Sector (or public sector), which provides in section 3(1)(b) for the principle of equal remuneration for work of equal value; and 2) indicates that the terms used in the different laws mentioned above cover all the elements of remuneration as requested by Article 1(a) of the Convention. The Committee takes due note of the Government’s indications but observes that, while Law No.270 of 2018 uses the term “equal remuneration” it also refers in the process to the concepts of “basic salary” and “monthly salary”. In that regard, the Committee wishes to recall that, the Convention sets out a very broad definition of “remuneration” in Article 1(a), which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment.” Consequently, the term “remuneration” needs to be defined with rigour if the Convention is to be applied fully (see 2012 General Survey, paragraphs 686 and 689). The Committee therefore reiterates its request that the Government: (i) consider harmonizing the different terms used in the legislation, at the earliest opportunity, with a view to ensuring that the principle of equal pay for men and women for work of equal value covers all elements of remuneration as defined in Article 1(a) of the Convention; and (ii) clarifies how section 3(1)(b) of Law No.270 of 2018 is applied in practice.

Article 2(a). Work of equal value. The Committee notes that, while sections 10(3)(c) and 11(1)(e) of Law 5-XVI of 2006 on Equal Opportunities between Men and Women, section 10(2)(g) of the Labour Code, and section 3(1)(b) of Law No.270 of 2018 refer to “work of equal value”, section 7(2)(d) of Law No.121 of 2012 still refers to equal pay for “the same type and/or amount of work”. The Committee therefore requests once again the Government to revise section 7(2)(d) of Law No. 121 of 2012 with a view to harmonising it with other pieces of legislation which refer to “work of equal value” and thus avoid any legal uncertainty.

Article 2. Determination of wages and collective agreements. In its previous comments, the Committee requested information on the application of the principle of the Convention in collective agreements setting payment conditions. The Government indicates that the minimum salary is set by the Government. According to sections 12(4) and 12(5) of the Law No.847 of 14 February 2002 on Wages, as amended by Law No. 253 of 17 November of 2016 modifying and complementing the Law on Wages, the minimum salary serves as a basis for differentiating salary duties in relation to the qualification, the level of professional training and competence of the employee, the degree of responsibility involved in the functions and the work carried out, and their complexity. The forms and conditions of salary are established through collective negotiations. While taking note of the above, the Committee recalls, again, that special attention is needed in the design or adjustment of sectorial minimum wage schemes to ensure that the methods used to fix the rates are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (see 2012 General Survey, paragraph 683). The Committee also notes that the Action Plan on the implementation of the Strategy for ensuring equality between women and men in the Republic of Moldova 2017-2021 (hereinafter, Action Plan for Gender Equality) includes, within the Specific Objective 1.2, an indicator regarding the strengthening of the capacity of social partners to include the principle of equality between women and men in the collective bargaining process. The Committee therefore reiterates its request that the Government provides information on how collective agreements setting the conditions of payment in different branches of the economy apply the principle of the Convention. It also asks the Government to provide information on measures taken to strengthen the capacity of social partners, as envisaged in the Action Plan for Gender Equality 2017-2021.

Public sector. The Committee notes the information provided by the Government on the implementation of a new unitary wage system in the public sector through Law No. 270 of 2018, which establishes a system of remuneration that is transparent, fair, attractive, non-discriminatory, managed and able to reflect and reward performance, and provides in section 3(1)(b) for the principle of equal remuneration for work of equal value. The Committee asks for information on how section 3(1)(b) of Law No.270 of 2018 and the principle of the Convention of equal remuneration for men and women for work of equal value are taken into account in the unitary wage system in the budgetary sector.

Article 3. Objective job evaluation. The Committee notes that, in reply to the Committee’s previous request, the Government refers again to sections 8 and 130(2) of the Labour Code and explains that, depending on the specifics of the activity and the concrete economic conditions, the employer, after consultation with employees’ representatives, may choose to apply a tariff or a non-tariff payroll system. The Committee notes that, according to sections 136 and 137 of the Labour Code, the tariff system of remuneration includes tariff networks, tariff salaries and salary grids of the function and qualification of tariff guidelines while, in non-tariff systems, salaries are determined depending on an assessment of individual and collective performance done by the employer with the limit of the minimum salary. In this regard, the Committee recalls that the objective job evaluation called for, under Article 3 of the Convention, is aimed to give effect to the concept of “equal value” enshrined in the Convention, and that there needs to be 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. Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias, either directly or indirectly. Finally, the Committee also recalls that the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise, and that ensuring a broad scope of comparison is essential given the prevalence of occupational segregation (see 2012 General Survey, paragraphs 675, 695 and 697). The Committee asks the Government to clarify how tariff and non-tariff payroll systems provided by the Labour Code ensure the application of objective job evaluation methods, including beyond the same establishment or enterprise, with a view to effectively applying the principle of equal remuneration for men and women for work of equal value. The Committee reminds the Government that it may avail itself of technical assistance from the Office.

Enforcement. Previously, the Committee requested the Government to report on any awareness raising activities carried out to promote the principle of equal remuneration for men and women for work of equal value, and on the number, nature and outcome of any cases concerning the application of the Convention. In this regard, the Committee notes that the Action Plan for Gender Equality includes indicators concerning, inter alia, the approval and implementation of methodologies for examining cases of wage discrimination as well as the strengthening of the capacities of institutions in the labour market regarding the particularities of ensuring equality between women and men in the labour market. In the framework of the Strategy for ensuring equality between women and men in the Republic of Moldova, 2017-2021, the Committee requests the Government: (i) to indicate any steps taken or envisaged to raise awareness regarding the principle of equal remuneration for men and women for work of equal value (including the relevant legislation and complaints procedures), among workers and employers and their organizations; and (ii) to provide information on the number, nature and outcome of any cases in relation to the principle of the Convention.

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Articles 1 and 2 of the Convention. Gender wage gap and occupational segregation. The Committee notes the detailed statistics provided by the Government in its report on the average gender pay gap in the different occupations and economic activities. The data show that the gender pay gap was 12.4 per cent in 2014, which according to the Government is due to the masculinization and feminization of economic sectors, with the female-dominated sectors paying relatively lower wages. The Committee notes that women largely predominated in service sectors such as health care and social assistance, education, accommodation and food service activities, financial activities, other community services, and social and personal services, where the average monthly salaries were generally lower than the average national monthly salary of 4,089.70 Moldovan leu (MDL). Specifically, the Committee notes that the average salary of women compared to that of men in the above sectors was 89.1 per cent in health care and social assistance; 92.3 per cent in education; and 91.4 per cent in accommodation and food service activities. Greater disparities continued to exist in the financial activities sector where salaries were higher than the national monthly salary; the average monthly salary of women compared to that of men in the finance sector decreased from 85.9 per cent in 2013, to 72.9 per cent in 2014. With regard to measures taken to address occupational segregation, the Government continues to provide general information on measures taken by the National Employment Agency, including the systematic collection and publication of job vacancies and the establishment of career guidance centres. The Committee asks the Government to continue to provide statistical data, disaggregated by sex, on workers’ levels of remuneration across sectors and occupations, including in higher-level positions. It also asks the Government to take measures to reduce the gender pay gap which may be due to segregation, and provide information on the results thereof, including through studies examining the underlying causes of the gender pay gap that assess whether jobs and positions predominantly performed by women are not systematically being undervalued compared to those predominantly performed by men.

Article 1(a). Definition of remuneration. Legislation. In its previous comments, the Committee requested the Government to clarify whether the term “payment” in section 10(2)(g) of the Labour Code of 2003, and the term “wages” in section 128(2) which prohibits discrimination on the basis of sex in the payment of wages, as well as the term “remuneration” in section 7(2)(d) of Law No. 121 of 25 May 2012, on Ensuring Equality, cover all elements of remuneration as defined in Article 1(a) of the Convention. The Committee also notes the definition of wages in section 130 of the Labour Code, 2003. While taking due note of the Government’s reply that the concept of remuneration as defined under Article 1(a) of the Convention is included in the above laws, the Committee recalls that the term remuneration needs to be defined with rigour if the Convention is to be applied fully (see 2012 General Survey on the fundamental Conventions, paragraphs 686 and 689). The Committee, therefore, asks the Government to consider harmonizing the different terms used in the legislation, at the earliest opportunity, with a view to ensuring that the principle of equal pay for men and women for work of equal value covers all elements of remuneration as defined in Article 1(a) of the Convention, and to provide information on any steps taken in this regard.

Article 2(a). Work of equal value. The Committee previously noted that while section 10(3)(c) of Law No. 5-XVI of 9 February 2006, on Equal Opportunities between Men and Women, requires employers to provide equal remuneration for work of equal value, and section 11(1)(e) also prohibits employers from applying different conditions of remuneration based on sex for “work of equal value”. Section 7(2)(d) of Law No. 121 of 25 May 2012 on Ensuring Equality specifies that it is discriminatory for an employer to pay “unequal remuneration for the same type and/or amount of work”. The Committee notes with regret that Law No. 121, which was substantially amended by Law No. 71 of 14 April 2016, on Amendments and Addenda to some Legislative Acts, continues to refer to the “same type or amount of work” in section 7(2)(d), which is narrower than the principle set out in the Convention. Recalling that the concept of “work of equal value” goes beyond the same type of work, the Committee urges the Government to revise section 7(2)(d) of Law No. 121 with a view to harmonizing it with Law No. 5-XVI of 2006, on Equal Opportunities between Men and Women, so as to give full legislative expression to the principle of equal remuneration for work of equal value and to avoid any legal uncertainty when applying such a principle. The Committee also asks the Government to provide information on the practical application of section 7(2)(d) of Law No. 121, including any judicial or administrative decisions in relation to the Convention.

Article 2. Determination of wages and collective agreements. In its previous comments, the Committee has requested information on how collective agreements setting minimum wages apply the principle of the Convention. The Committee notes that the Government indicates that function salaries are established depending on qualification, level of vocational training and competence of the employee, and the degree of responsibility and complexity. At the branch level, the differentiation of salary levels reflects the economic situation of each of the branches. Considering the differences in the average earnings of men and women in the branches, sectors and occupations, the Committee recalls the existence of a tendency to set lower wages for sectors predominantly employing women and that special attention is needed in the design or adjustment of sectorial minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (see 2012 General Survey, paragraph 683). However, no information was provided on how it is ensured that collective bargaining agreements at both national and sectorial levels incorporate the principle of the Convention. The Committee asks the Government, once again, to provide information on the specific measures taken to ensure that collective agreements setting the conditions of payment in the different branches of the economy apply the principle of the Convention, and on the number of men and women who are covered by these collective agreements.

The public sector. The Committee previously requested information on measure taken to ensure that the setting of wages for different payroll levels in the public sector is free from gender bias. The Government indicates that salaries are set according to category-based salaries, of the single tariff network, consisting of 22 wage categories. The Government further adds that under section 14 of Law No. 847-XV of 14 February 2002, on Wages the lowest category must be set at or above the minimum quantum in the country. The Government further indicates that wage categories for specific functions are established by government decisions based on factors such as skill level, training and the length of working activity. The Committee notes the single tariff scale and requests the Government to provide information on the distribution of men and women under the different wage categories. The Committee further reiterates its request to the Government to provide information on how it is ensured that the setting of wages for different payroll levels is free from gender bias so that the work performed in lower payroll levels is not undervalued because it is predominantly done by women.

Article 3. Objective job evaluation. In its previous comment, the Committee had noted that objective job evaluation under Article 3 of the Convention differs from performance appraisals as applied in the non-tariff systems under the 2002, Law on Wages. The Committee, therefore, requested the Government to adopt and apply objective job evaluation methods that effectively apply the principle of the Convention. The Committee notes that the Government again refers to the application, in practice, of sections 8 and 130(2) of the Labour Code of 2003. The Committee recalls that an objective job evaluation under Article 3 of the Convention is conducted in order to give effect to the concept of “equal value” under Article 2 of the Convention, and that it is a formal method of measuring and comparing the relative value of different jobs that results in a numerical value; two jobs that are found to have the same overall numerical value are entitled to equal remuneration (see 2012 General Survey, paragraphs 695 and 700). Additionally, when comparing jobs, this method examines the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria such as skill, effort, responsibilities and working conditions. Particular care must be taken to ensure that the above examination is free from gender bias, and that the selection of factors for comparison, the weighing of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly (see 2012 General Survey, paragraphs 695 and 701). In light of this, the Committee once again asks the Government to provide information on measures taken to adopt and apply objective job evaluation methods with a view to effectively applying the principle of equal remuneration for men and women for work of equal value. The Committee reminds the Government that it may avail itself of technical assistance from the Office and invites it to seek assistance for this purpose.

Enforcement. The Committee notes the Government’s indication that a person concerned may submit claims to the state labour inspectorate and labour courts or tribunals in cases of any violations of the principles of the Convention. The Government also provides information on the various awareness-raising measures carried out: for the public; training provided to the labour inspectorate; and consultative assistance provided to the social partners by the labour inspectorate regarding general information on the enforcement of labour law. The Committee notes, however, the Government’s indication that there were no complaints submitted to the state labour inspectorate or to the court system which relate to the principle of the Convention. The Committee requests the Government to indicate any steps taken or envisaged to raise awareness specifically regarding the principle of equal remuneration for men and women for work of equal value, including the relevant legislation and complaints procedures, among workers and employers and their organizations. It also requests the Government to continue to provide information on the number, nature and outcome of any cases in relation to the principle of the Convention.

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Articles 1 and 2 of the Convention. Gender wage gap and occupational segregation. The Committee notes from the Government’s report that the overall gender wage gap (monthly wage) in 2011 was 12.2 per cent, and that greater wage disparities persisted in certain sectors, particularly in the financial sector (29.4 per cent). With regard to measures taken to address occupational segregation under the National Programme for Ensuring Gender Equality (2010–15), the Government indicates that the National Agency for Employment organizes courses for jobseekers in a variety of subjects with a view to promoting non-traditional occupations for women and men. The Government indicates that within higher education, women are most underrepresented in security and safety (9.4 per cent) and engineering (13.5 per cent). It also indicates that the “days of open doors” programme encourages girls and boys within vocational schools and other specialized secondary institutions to participate in less traditional areas of work. Information and awareness campaigns have been organized, particularly in rural areas, regarding the rights and opportunities of men and women in the labour market. The Committee asks the Government to continue to take measures to address occupational gender segregation, including within the framework of the National Programme for Ensuring Gender Equality, and to provide information on the results thereof. The Committee also asks the Government to continue to provide statistical information, disaggregated by sex, on workers’ levels of remuneration across sectors and occupation, including in higher level positions.

Article 1(a). Definition of remuneration. Legislation. The Committee recalls that section 10(2)(g) of the Labour Code obliges employers to provide equal payments for work of equal value, and that section 128 prohibits discrimination on the basis of sex in the payment of wages. The Committee asks the Government to clarify whether the term “payments” in section 10(2)(g) of the Labour Code, and the term “wages” in section 128, as well as the term “remuneration” in section 7(2)(d) of Law No. 121 of 25 May 2012 on Ensuring Equality cover all elements of remuneration as defined in Article 1(a) of the Convention, and provide information on any judicial or administrative decisions in this regard.

Article 2. Work of equal value. The Committee recalls that section 10(3)(c) of Law No. 5-XVI of 9 February 2006 on Equal Opportunities between Men and Women requires employers to provide equal remuneration for work of equal value, and that according to section 11(1)(e) it is discriminatory for an employer to apply different conditions of remuneration based on sex for the performance of work of equal value. The Committee notes however that section 7(2)(d) of the Law No. 121 specifies that it is discriminatory for an employer to pay “unequal remuneration for the same type and/or amount of work”. Recalling that the concept of “work of equal value” goes beyond the same type of work, the Committee asks the Government to revise section 7(2)(d) of the Law No. 121 with a view to harmonizing it with the Law No. 5-XVI of 2006 on Equal Opportunities between Men and Women, so as to give full legislative expression to the principle of equal remuneration for work of equal value and avoid any legal uncertainty when applying such principle. Please provide information on the practical application of section 7(2)(d) of Law No. 121, including any judicial or administrative decisions in relation to the Convention.

Articles 2 and 4. Minimum wages and cooperation with the social partners. The Committee notes the examples of collective agreements provided by the Government which set minimum wages by sectoral activity but which make no reference to the principle of the Convention. It also notes from the Government’s report that the minimum wage system includes several minimum wage levels for different categories of employees. The Government also states that payroll categories are assigned based on the level of qualification, training and seniority, without regard to sex, and that the monthly average salary of a woman is lower than that of a man not because of discrimination, but because women usually hold positions with a lower payroll level. The Committee recalls that jobs held predominantly by women tend to be undervalued when determining wage rates due to historical attitudes and gender stereotypes (see General Survey on the fundamental Conventions, 2012, paragraph 673). In this regard, the Committee notes the Government’s indication that in cases where businesses do not establish clear criteria for wage setting, gender may have an effect on the salary level which an employee receives. The Committee therefore asks the Government to provide information on how it is ensured that the setting of wages for different payroll levels is free from gender bias so that the work performed in lower payroll levels is not undervalued because it is predominantly done by women. The Committee reiterates its request for information on how collective agreements setting minimum wages apply the principle of the Convention, and on the number of men and women who are covered by these collective agreements.

Article 3. Objective job evaluation. The Government indicates that non-tariff systems were legalized through the Law on Wages, under which salaries are distributed based on individual professional performance. With regard to civil servants, the Government indicates that a performance appraisal system was developed and implemented for assessing individual professional performance based on activity results and a new payroll system based on grading functions. The Committee recalls that objective job evaluation under Article 3 of the Convention differs from performance appraisal, as objective job evaluation aims to measure the relative value of jobs with different content on the basis of the work to be performed, while performance appraisal evaluates the performance of an individual worker (see General Survey, 2012, paragraph 696). The Committee asks the Government to provide information on measures taken to adopt and apply objective job evaluation methods with a view to effectively applying the principle of equal remuneration for men and women for work of equal value.

Enforcement. The Government indicates that in 2013 there were no applications to courts which related to the principle of the Convention. The Committee recalls that the absence of complaints regarding unequal remuneration is likely to indicate 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 General Survey, 2012, paragraph 870). The Committee asks the Government to indicate any steps taken or envisaged to raise awareness of the principle of equal remuneration for men and women for work of equal value, including the relevant legislation and complaints procedures, among workers and employers and their organizations. Please also provide information on the number, nature and outcome of cases in relation to the principle of the Convention.

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Gender wage gap and occupational segregation. The Committee once again notes from the statistical information provided by the Government that the labour market continues to be characterized by wage inequalities between men and women. In 2009, women’s monthly salary was 23.6 per cent less than men’s salary, and wage disparities between men and women particularly affected some sectors, such as hotels and restaurants, health care and social assistance, financial activities and public administration. The Committee also underlines the persistence of occupational segregation in the labour market, with women being overrepresented in services sectors (68 per cent to 81 per cent of all employees in the sector) and agriculture (34 per cent), which are particularly affected by informal employment. In this regard, the Committee also refers to the indication provided by the Government in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that women predominate in some sectors where the salaries tend to be lower in comparison with sectors where men predominate; women are overrepresented in low-ranking public positions; and men have more employment opportunities than women as highly skilled workers. The Committee, furthermore, draws the Government’s attention to the Decent Work Country Programme 2008–11 indicating the lack of awareness and clear understanding of the concepts of gender equality by governmental officials, politicians, as well as civil society; and, in this regard, stresses the importance of taking specific measures to promote the application of the Convention. The Committee asks the Government to provide information on the measures taken or envisaged to address the gender wage gap and occupational segregation, including any measures undertaken under the new National Programme for Ensuring Gender Equality (2010–15), and the Action Plan
(2008–11) of the National Employment Agency. The Committee further asks the Government to indicate whether any measures are envisaged to promote the application of the principle of equal remuneration for men and women for work of equal value, including studies or surveys, as well as information campaigns about the principle of the Convention. Please also continue to provide statistical information, disaggregated by sex, on workers’ levels of remuneration in the different sectors of economic activities and occupations, including in higher level positions.

Article 1 and 2(2)(a), of the Convention. Application of the principle of equal remuneration through laws and regulations. The Committee notes that the Government’s report contains no information in reply to the Committee’s comments on this issue. The Committee, therefore, reiterates its request to the Government to provide information on the application of sections 10(3)(c) and 11(1)(e) of Act No. 5-XVI of 2006 and to clarify whether the term “payments” in section 10(2)(g) of the Labour Code covers all elements of remuneration as defined in Article 1(a) of the Convention. The Committee, furthermore, asks the Government to provide information on any judicial or administrative cases involving the abovementioned provisions of Act No. 5-XVI of 2006, and sections 8 and 10(2)(g) of the Labour Code, related to the principle of the Convention.

Articles 2 and 4. Minimum wages and cooperation with the social partners. The Committee notes from the Labour Code that the minimum wage is obligatory for all employers and that it cannot be reduced either by collective or individual labour contracts (section 131(4)). The Committee further notes that the minimum monthly wage is established by the Government after consulting the social partners, and is particularly determined on the basis of concrete economic conditions, inflation and other social and economic factors (section 132). The Committee also notes the Government’s indication that the remuneration of some “staff categories” should be established on the basis of qualification, training level, employee’s competence, responsibility and complexity of the work. The Committee asks the Government to indicate how it ensures that remuneration established through wage-fixing mechanisms, including minimum wages, is determined in accordance with the principle of equal remuneration for men and women for work of equal value. Please also provide copies of the legislation or regulations setting minimum wages, including at branch level and for certain categories of workers, and supply examples of collective agreements indicating the manner in which they apply the principle of the Convention, as well as an indication of the number of men and women covered by these collective agreements and being paid minimum wages.

Article 3. Objective job evaluation. The Committee notes that, pursuant to section 128(2) of the Labour Code, discrimination is prohibited, particularly on the basis of sex “at the establishment of the size and payment of wages”. In this connection, the Committee also notes that the employee’s remuneration may depend on the labour demand, quantity, quality and complexity of work, working conditions and professional skills (section 130(2) of the Labour Code). The Committee asks the Government to provide information on the application of sections 128 and 130 of the Labour Code, and to indicate how it promotes 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.

Enforcement. The Committee notes with regret that the Government again provides no information on the enforcement of the principle of the Convention, and is bound to recall its 2006 general observation underlining the important role of judges and labour inspectors in ensuring the application of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to take steps to ensure the effective application of the principle of equal remuneration for men and women for work of equal value, including measures to strengthen the capacity of the relevant authorities to detect and address violations of the principle of the Convention, and measures to raise awareness of the provisions of the Convention, as well as relevant legislation, and the procedures and remedies available. Please also provide information on any judicial decisions or cases dealt with by the labour inspectors on the principle of the Convention.

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Assessment of the gender wage gap. The Committee notes from the statistical information provided by the Government that the differentials in men’s and women’s monthly salary decreased from 31.9 per cent in 2006 to 27.4 in 2007. The Committee notes the Government’s indication that such disparities are not the result of direct discrimination based on sex, but are rather due to the fact that women hold less well remunerated jobs. The information provided under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) indicates that women represent the majority of workers in hotels and restaurants (59.17 per cent in 2007) and in the public administration, education and health (70.29 per cent). The Committee notes that the remuneration in these sectors is lower than the average. The Committee also notes that the wage gap between men and women in 2007 was 28.5 per cent in the hotels and restaurants sector, 18 per cent in the education sector and 26.6 per cent in health and social services. The Committee further notes that in 2007 women represented 39.8 per cent of manager and senior officials, slightly increasing from 38.9 per cent in 2006.

The Committee notes that, under the National Plan for Promoting Gender Equality (2006–09), various measures were taken to promote equality of opportunity and treatment between men and women in respect of access to employment and occupation. It also notes that the Commission for Gender Equality, which is involved in the implementation of the Plan, has been restructured and that its focus is now on strengthening the Government’s capacity to promote gender equality in national policies. The Committee further notes that a study on the situation of women in the labour market was carried out to identify the causes of gender discrimination and make appropriate recommendations, which were taken on board in the Action Plan (2008–11) of the National Employment Agency. The Committee asks the Government to provide information on the following:

(i) the impact of the measures taken under the National Plan for Promoting Gender Equality (2006–09) on reducing remuneration disparities between men and women;

(ii) the measures adopted under the Action Plan (2008–11) of the National Employment Agency to promote the application of the principle of the Convention and to address the causes of gender inequalities in remuneration;

(iii) statistical information, disaggregated by sex, on workers’ levels of remuneration in the different sectors of economic activities and occupations, including in higher level positions.

Articles 1 and 2 paragraph 2(a), of the Convention. Application of the principle of equal remuneration in law. In the absence of the information previously requested, the Committee again asks the Government to provide information on the application of sections 10(3)(c) and 11(1)(e) of Act No. 5-XVI of 2006 and to clarify whether the term “payments” in section 10(2)(g) of the Labour Code covers all elements of remuneration as defined in Article 1(a) of the Convention.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee again asks the Government to supply information on any activities carried out in cooperation with the social partners to give effect to the principle of the Convention. Please also indicate to what extent the principle of equal remuneration between men and women for work of equal value is taken into account in the context of collective bargaining.

Enforcement. The Committee notes that no information is provided concerning cases of pay discrimination lodged with national courts or dealt with by labour inspectors. The Committee recalls that the lack of cases concerning discrimination in remuneration may be the consequence of an insufficient awareness or understanding of the principle of equal remuneration for work of equal value among the public, the social partners or the officials responsible for enforcement. The Committee asks the Government to indicate the specific measures taken or envisaged to strengthen the capacity of the relevant government institutions to promote and ensure the effective application of the principle of equal remuneration for work of equal value. Such measures could include raising public awareness on the provisions of the Convention and the relevant legislation, and providing specific training to relevant public officials on how to detect and deal with violations of the principle of equal remuneration.

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1. Legal developments. The Committee notes with interest the adoption of Act No. 5-XVI of 9 February 2006 regarding the assurance of equal opportunities for women and men. It notes in particular that section 10(3)(c) of the Act provides that, to ensure gender equality in the workplace, employers are obliged to provide equal remuneration for work of equal value. Section 11(1)(e) further states that it is discriminatory for an employer to apply different conditions of remuneration based on sex for the performance of work of equal value. Noting the recent legal developments concerning remuneration in the budgetary sector (Decision No. 55/2006, Act No. 148/2006 and Decision No. 431/2006), the Committee asks the Government to provide information on how these instruments take into account the principle of equal remuneration. Furthermore, recalling that section 10(2)(g) of the new Labour Code obliges employers to provide equal payment for work of equal value, the Committee again asks whether the term “payment” covers all the elements of remuneration as defined in Article 1(a) of the Convention. Please also provide information on the practical application of Act No. 5-XVI with respect to its equal remuneration provisions.

2. Article 2. Promotion of the principle of equal remuneration. The Committee understands that the Government adopted a national plan for promoting gender equality for the period 2006–09. It asks the Government to provide information on the activities taken in the context of this plan to promote and ensure the application of equal remuneration for men and women for work of equal value. Please also provide details on the work of the newly created Commission for Gender Equality as it relates to the promotion of the principle of the Convention.

3. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the social partners are involved in the negotiation and setting of wages. Recalling that the Labour Code provides for social partnership in the field of labour, the Committee asks the Government to provide specific details of its cooperation with these organizations with a view to giving effect to the Convention (e.g. cooperation to raise awareness and understanding of the principle of equal remuneration). It also asks how the principle of equal remuneration for men and women for work of equal value is taken into account in the context of collective bargaining.

4. Part III of the report form. Enforcement. The Committee notes the Government’s indication that the principle of equal remuneration is monitored through state and public controls involving the labour inspectorate and trade unions and enforced through the application of a penalty system to deal with labour standards violations. The Government’s report, however, provides no specific details on the methods employed or cases dealt with by the labour inspectorate or trade unions in monitoring the obligation of employers under section 10(2)(g) of the Labour Code to provide equal payment for work of equal value. The Government also states that no cases regarding the application of the Convention have been examined by the courts. The Committee wishes to remind the Government that the lack of equal pay complaints or cases does not necessarily indicate that pay discrimination does not exist in practice but may be due to a lack of knowledge on the part of the labour inspectorate and trade unions to monitor effectively the principle of equal remuneration. The Committee asks the Government to continue to provide information on equal pay complaints and cases and to indicate what measures it is taking or planning to strengthen the current equal pay enforcement mechanisms, including raising awareness of the parties involved.

5. Part V of the report form. Statistical information. The Committee notes the statistics provided by the Government showing a breakdown of the employed population by sector, occupation and sex. It notes, however, that the data does not include information on the levels of remuneration earned by men and women. The Committee hopes that the Government will be in a position to provide statistical information in its next report on the levels of remuneration for men and women in the various sectors, economic activities and occupational groups.

6. The Committee notes the Government’s statement that the districts of Dubăsari, Camenca, Rîbniţa, Grigoriopol and Slobozia do not fall under the scope of the Convention but instead follow their own legislation. The Committee asks the Government to clarify why it considers that Convention No. 100 does not apply to these districts.

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1. Articles 1 and 2 of the Convention. Work of equal value. The Committee notes with interest that, under section 10(2)(g) of the new Labour Code (Act No. 154-XV of 23 March 2003), the employer is obliged to provide equal payment for work of equal value. However, the Committee also notes that the principle of equal remuneration for men and women for work of equal value has not been in included in section 5, which establishes "basic principles of labour relation regulation". The Committee asks the Government to:

(a) clarify whether the term "payment" used in section 10(2)(b) covers all elements of remuneration as defined in Article 1(a) of the Convention;

(b) provide information on whether any measures exist, in law or in practice, to ensure that the principle of equal remuneration for men and women for work of equal value is taken into account in the context of collective bargaining; and

(c) provide information on the application of section 10(2)(g) of the Labour Code in practice, including any measures taken to raise awareness among employers of its implications.

2. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that the new Labour Code provides for a social partnership in the field of labour. It asks the Government to provide information on any activities or initiatives carried out or envisaged within the framework of social partnership with the purpose of promoting the application of the Convention.

3. Part III of the report form. Enforcement. The Committee notes that, between 2002 and June 2004, the labour inspectorate did not detect any situation involving unequal remuneration of men and women. The Government is requested to continue to provide information on relevant activities and decisions of the bodies competent to enforce the equal remuneration provisions of the labour legislation. Please also indicate the methods used by the labour inspectors to undertake inspection to monitor compliance with the employer’s obligation to ensure equal remuneration for work of equal value.

4. Part V of the report form. Statistical information. The Committee asks the Government to provide statistical information on the levels of remuneration of men and women in the various sectors, economic activities and occupational groups.

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The Committee notes the Government’s brief first report on the application of the Convention and the attached legislation. The Government is requested to provide with its next report further information on the following points.

1. Article 1(b) of the Convention. Section 27 ("worker’s right to remuneration") of the Act respecting employment provides that any discrimination based on a number of grounds, including sex, shall be prohibited in determining remuneration. Under section 2(3) of the Labour Code, all employees have the right to equal remuneration for similar work, without any discrimination. The Government stated in its report that every worker has the right to equal remuneration for work of equal value without discrimination. Noting that under the Constitution (article 4) and the Act on remuneration (section 6(2)) international conventions prevail in the case of conflict with national legislation, the Committee hopes that the Government will consider the possibility of reflecting the principle of equal remuneration for men and women for work of equal value more fully in the Act respecting remuneration, which was adopted after the ratification of the Convention, and of amending section 2(3) of the Labour Code to replace the notion of "similar work" with "work of equal value" in order to promote the better application of the Convention.

2. Article 2. The Committee notes that remuneration is fixed, depending on the sector, through: (a) Acts and Orders of Parliament, Decrees of the President, Government orders and instructions, and other statutory instruments on remuneration; (b) collective agreements; and (c) individual employment contracts (section 7 of the Act respecting remuneration). The Committee also notes that the Act sets out the framework for the determination of wage rates (for manual workers) and salary rates (for managerial staff, specialists and non-manual workers) through a "wage rate system" which is comprised of wage scales, basic wage rates, salary scales and wage and skills handbooks (section 9). The Committee notes that these elements of the wage-fixing machinery established by legislation provide an appropriate basis for the application of the Convention. The Government is asked to provide in its next report detailed information on the implementation in practice of the Act respecting remuneration including any implementing legislation, order or instructions envisaged or adopted, wage and salary scales in force and examples of collective agreements providing for equal remuneration for men and women for work of equal value. The Government is also asked to indicate whether the Act on remuneration applies to the civil service and for which groups and sectors the Government has decided to establish state remuneration rates. Please also provide a copy of the Act on local public administration (No. 186-XIV of 6 June 1998).

3. The Committee notes that the Ministry of Labour and Social Protection is launching a national gender promotion plan for 2002-05. Please indicate how the draft plan promotes the principles of equal remuneration for work of equal value, and continue to provide information on the plan’s adoption and implementation.

4. Article 3. According to the Act respecting remuneration (section 9(2)), the wage rate system is applied through the classification of tasks according to level of difficulty, and classifying workers by category and level of skill and the level of responsibility of the job. Section 19 of the Act provides that the main conditions governing the organization of remuneration, including wage rate requirements according to occupation, post and level of skill, the procedures of assigning rates to workers, and output quotas shall be established through collective agreements. The Government is requested to provide information on the application of these provisions in practice. Please provide copies of any wage and skills handbooks and the manner in which they are used.

5. Article 4. Please provide information on the collaboration of workers’ and employers’ organizations in the application of the Convention.

6. Part III of the report form. The Committee asks the Government to provide information on the authorities charged with ensuring the application of the Labour Code and the Act respecting remuneration and the measures taken by them to ensure and promote the application of the Convention.

7. Part V of the report form. Please provide information on the Government’s own assessment concerning the application of the Convention, including statistical information on the levels of remuneration of men and women in the various sectors and at the different levels as outlined in the Committee’s general observation on the Convention of 1998 (attached for ease of reference).