All Comments

Home Page | English | Français | Español |

ILO is a United Nations Agency

RSS Feed | Newsroom | Contact us

NORMLEX

Information System on International Labour Standards

Instruments
Key documents
Ratification of ILO Conventions
Supervising the application of International Labour Standards: Supervision by country; Search comments by the supervisory bodies; Complaint procedures; Freedom of association cases; Representations (Art. 24); Commission of Inquiry (Art. 26)
Regular reporting
Country profiles
Comparatives
Maritime Labour Convention (2006)

MLC, 2006

NATLEX *new look*
National Legislation on Labour and Social Rights

LEGOSH
Global database on occupational safety and health legislation

EPLex
Employment protection legislation database

Compendium of court decisions

NORMLEX Home > Country profiles > > Comments > All Comments

Equal Remuneration Convention, 1951 (No. 100) - Bulgaria (RATIFICATION: 1955)

DISPLAYINEnglish - French - Spanish

CMNT_TITLE

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. The Committee notes the Government’s indication in its report that according to Eurostat data, the gender pay gap in Bulgaria has decreased from 13.9 per cent in 2018 to 12.7 per cent in 2020. It notes however from the National Statistical Institute that the gender pay gap remains high in a number of economic activities including financial and insurance activities (32.5 percentage points), human health and social work activities (27 percentage points), arts, entertainment and recreation (23.1 percentage points), manufacturing (22.6 percentage points), and information and communication (22.5 percentage points). It further notes that, between 2016 and 2020, in 6 out of 18 sectors listed, the pay gap in favour of men widened. The Committee notes from the National Statistical Institute publication “Women and Men in Bulgaria, 2018”, that for all educational levels, the salaries for men are higher than the ones for women (for the same or comparable level of education, within the same sectors and sub-sectors), and that the gender pay gap is highest at the educational level of bachelor’s and master’s degree where the gross monthly pay of women with the same levels of education is 26 per cent lower than men’s. The Committee notes that, in its report for the implementation of the Gender Equality Policy for 2018, the Ministry of Labour and Social Policy states the following reasons for the gender pay gap : traditions and stereotypes in the selection of education, which leads to gender segregation of the labour market; delayed career development; longer maternity leave; difficult balance between work and family life; new production technologies and the requirements for continuous vocational training and capacity building, which is a challenge for women who have to combine it with family obligations (see EU Country report, Gender Equality Bulgaria, 2021, page 28). In that context, the Committee notes the adoption of the National Strategy for Promoting the Equality between Women and Men for the period 2021-2030, on December 30, 2020, in which the reduction of differences between women and men in pay and income is indicated as one of the priority areas and key actions include : (1) increasing awareness in society and amongst employers about the gender pay gap, and about educational and professional training and qualification opportunities; (2) the implementation of measures to increase the adequacy of, and reduce gender disparities regarding, pensions; and (3) affirming the role and importance of collective agreements in reducing the gender pay and income gap. The Committee asks the Government to provide information on the measures taken or envisaged to reduce and eliminate the gender pay gap, in particular through actions to address its root causes and manifestations, including occupational segregation, reconciliation of work and family responsibilities, higher burden of unpaid care and domestic labour done by women, gender stereotypes in vocational training and guidance, and employment, and challenges faced by women who take maternity and childcare leave. The Committee asks the Government to provide information on any progress made, and results achieved in realizing the National Strategy for Promoting the Equality between Women and Men for the period 2021-2030 in relation to the gender pay gap.

Articles 1(b) and 2(2)(a). Work of equal value. Legislation. The Committee recalls that section 243 of the Labour Code and section 14(1) of the Protection Against Discrimination Act 2003 provide for equal remuneration for work of value. In addition, it recalls that the Government previously indicated that it applies to work that is “equal in complexity and responsibility with the same level of education, professional qualification and performance” which is therefore too restrictive to give full effect to the principle of equal remuneration for work of equal value set out in the Convention. The Committee emphasizes once again that the concept of “work of equal value” must permit a broad scope of comparison. While factors such as skills, responsibility, effort and working conditions are clearly relevant in determining the value of the jobs, when examining two jobs, the value does not have to be the same with respect to each factor – determining value is about the overall value of the job when all the factors are taken into account. In this regard, the Committee wishes to point out that, for the purpose of the Convention, the relative value of jobs with varying content is to be determined through objective job evaluation on the basis of the work performed and is different from performance appraisal, which aims at evaluating the performance of an individual worker in carrying out his or her job. Objective job evaluation is therefore concerned with evaluating the job and not the individual worker. The Committee therefore underlines that factors such as “performance” relate to the performance appraisal of the individual worker rather than to objective job evaluation (for more details see 2012 General Survey on the fundamental Conventions, paragraphs 673 and 677 and 696). The Committee further notes the repeal of article 14(4) of the Protection Against Discrimination Act, which provided that the remuneration of an employee or worker returning from maternity leave or child-care leave must be indexed at the same rate as the one applied to the other workers. The Committee asks the Government to provide information on any measures taking to amend the legislation so as to ensure that:

(i)it provides for a definition of “work of equal value” which is based on objective criteria; and
(ii)addresses situations where men and women perform different work requiring different qualifications and skills, levels of responsibility and efforts and with different conditions of work but that is of equal value overall. It further asks the Government to indicate how it is ensured that women who have taken maternity or child-care leave do not face pay discrimination when they return to work, after the repealing of section 14 of the Protection Against Discrimination Act.

Article 2(2)(b) Minimum wage. Recalling the observation from CITUB that the current legislation sets out no clear methodology for establishing minimum wage rates, and noting that the Government’s report does not provide any information on developments in this regard, the Committee stresses that the setting of minimum wages is an important means by which the Convention is applied, in that a minimum wage system helps to raise the earnings of the lowest paid. As women predominate in low-wage employment, the setting of minimum wages has an influence on the relationship between men and women’s wages and on reducing the gender pay gap (see 2012 General Survey, paragraphs 682-683) . Recalling that special attention is needed in the design or adjustment of sectoral 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, the Committee again asks the Government to provide information on the method and criteria used to establish minimum wages.

Article 2(2)(c). Collective labour agreements. The Committee asks the Government to provide information on any measures taken or envisaged, in cooperation with the social partners, to:

(i)promote the inclusion of specific clauses on equal remuneration for men and women for work of equal value in collective agreements, including on the use of objective job evaluation methods; and
(ii)organize training and awareness-raising activities on the principle of the Convention, in particular the concept of “work of equal value”.

Article 3. Objective job evaluation. The Committee notes the general statement by the Government that the criteria for labour evaluation when determining labour remuneration are the same for all workers and employees and are determined by collective labour agreements or by internal rules for wages, or by the legally established conditions and procedure for evaluating employees in the state administration regardless of the features under article 4(1) of the Protection against Discrimination Act. The Committee notes that, once again, no specific information has been provided by the Government on objective job evaluation criteria. As indicated above, it wishes to stress that the concept of “work equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skills, effort, responsibilities and working conditions. 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. The implementation of job evaluation exercises has been shown to have a measurable impact on gender pay differentials (see 2012 General Survey, paragraphs 695, 701 and 705). In light of the persistent gender pay gaps in a number of economic activities and the limited legal definition of “work of equal value”, the Committee asks the Government to provide information on any measures taken or envisaged to develop and promote objective job evaluation methods in the public and private sectors, in cooperation with workers’ and employers’ organizations, indicating how it is ensured that in determining wage rates, the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills.

Enforcement. The Committee notes the Government’s annexed decisions relating to equal pay of the Commission for Protection against Discrimination (CPD). The Committee asks the Government to provide information on:

(i)the number and outcomes of equal pay cases examined by the CPD, and the courts ; and
(ii)the results of labour inspections in relation to unequal pay.

CMNT_TITLE

The Committee notes the observations made by the Confederation of Independent Trade Unions of Bulgaria (CITUB) received on 5 October 2015.

Article 2(2)(a) of the Convention. Legislative developments. The Committee recalls that according to article 14(1) of the Protection Against Discrimination Act 2003, “The employer shall ensure equal remuneration for equal work or work of equal value.” The Committee wishes to stress that the Convention calls for the application of the principle of “equal pay for work of equal value”, which is a concept that goes “beyond equal remuneration for ‘equal’, ‘the same’ or ‘similar’ work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value” (see 2012 General Survey on the fundamental Conventions, paragraph 673). The Committee notes the Government’s indication that article 14(1) calls for equal pay for work that is “equal in complexity and responsibility with the same level of education, professional qualification and performance”. The Committee notes that such a restrictive formulation may undermine the value of jobs predominantly performed by women. “Comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize the value of work performed by women and men free from gender bias” (see 2012 General Survey, paragraph 675). The Committee further notes the Government’s indication of the repeal of article 14(4) of the Protection Against Discrimination Act, which stipulated that the remuneration of an employee or worker returning from maternity leave or child-care leave must be indexed at the same rate as the one applied to the other workers. The Committee asks the Government to consider amending article 14(1) to fully reflect the principle enshrined in the Convention. It further asks the Government to indicate how it is ensured that women who have taken maternity or child-care leave do not face pay discrimination when they return to work, after the repealing of section 4 of article 14 of the Protection Against Discrimination Act.

Article 2. Gender wage gap. In its previous comment, the Committee had requested the Government to provide information on measures taken to address the persistent gender pay gap and occupational gender segregation, in particular, in the public sector and in the health-care and social activities sector. In its report, the Government mentions Eurostat data, according to which there has been very little change to the gender wage gap since 2006: in 2014, the gender wage gap was 14.7 per cent and the highest gender wage gap was to be found in “health-care and social activities” (43 per cent in the public sector and 74 per cent in the private sector in 2008). The Government explains that the gender wage gap is caused by interrelated factors including occupational gender segregation both along horizontal and vertical lines and the impact of family responsibilities on women’s careers. The Committee notes the CITUB’s information according to which the reduction of the gender gap was the focus of a Regional Seminar organized by the European Trade Union Confederation (ETUC) during the period under consideration and that the discussions led to concrete proposals to reduce the gender wage gap, such as, for example, developing common strategies for participants to collective bargaining processes at enterprise, national and European levels. The Committee asks the Government to indicate whether steps have been taken, in cooperation with the social partners, to implement the proposals made during the ETUC seminar. It also reiterates its request to the Government to take proactive measures to examine and address the persistent gender wage gap in “health-care and social activities” in both the private and public sectors. The Committee also refers to its comments under Convention No. 111 on Discrimination in Employment and Occupation.

Collective labour agreements. In its previous comment, the Committee had noted the Government’s indication that by the end of 2011, the minimum social security income was prescribed in the collective agreements of 50 economic activities, and internal proposals regarding the minimum social security income were also made in another 35 economic activities; and also that the minimum social security income was to be raised by 6.9 per cent on average. In its report, the Government indicates that minimum social security income is agreed between the social partners and serves the purpose of social security, outside collective labour agreements. The Committee requests the Government to clarify this statement and to provide detailed information on the impact of the minimum social security income on reducing the gender pay gap and whether the principle of the Convention has been taken into account in the process.

Minimum wage. The Committee notes the CITUB’s comments that Bulgaria is in need of an ambitious programme to implement the principles of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), and that objective methods to determine minimum wages form a basis also for wage determination in regard to more qualified work, as well. In this regard, the Committee refers to its 2013 comments under Convention No. 26, in which it stated that according to the CITUB “the Ordinance on Wage Determination of 1991, is outdated while the current legislation sets out no clear methodology for establishing minimum wage rates”. The Committee stresses that the setting of minimum wages is an important means by which the Convention is applied, in view of the fact that a minimum wage system helps to raise the earnings of the lowest paid. As women predominate in low-wage employment, the setting of minimum wages has an influence on the relationship between men and women’s wages and on reducing the gender pay gap. Recalling that special attention is needed in the design or adjustment of sectoral 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, the Committee asks the Government to provide information on any developments in this regard, including steps taken to incorporate the principle of equal pay into the method of establishing minimum wage in cooperation with the social partners.

Measures to promote and ensure equal remuneration. The Committee notes that in 2014, the Ministry of Labour and Social Policy held a round table discussion in the context of the National Equal Pay Day. There were 40 participants representing ministries, agencies, the National Social Security Institute, the National Statistical Institute, social partners and non-governmental organizations. The Committee also notes that the subject of pay equality formed part of the discussions when the director and an expert of the European Institute for Gender Equality made an official visit to Bulgaria. Over 60 representatives of ministries, agencies, social partners, academic circles, non-governmental organizations and mass media were present. The Committee asks the Government to continue providing information on awareness-raising activities conducted with respect to the principle of equal remuneration and also on measures taken to promote and ensure equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee notes that, once again, no information has been provided by the Government on objective job evaluation. In this regard, it wishes to underline that the concept of “equal value”, the cornerstone of the Convention, requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skills, effort, responsibilities and working conditions. 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. The implementation of job evaluation exercises has been shown to have a measurable impact on gender pay differentials. In light of the persistent gender pay gaps that the Government acknowledged in its report, the Committee asks the Government to provide information on measures taken or envisaged to promote the development and use of objective job evaluation, free from gender bias, including in the private sector, in collaboration with employers’ and workers’ organizations.

Enforcement. The Committee notes the Government’s indication that between 2012 and 2014, the Second Permanent Jury of the Commission for Protection Against Discrimination (CPD) examined 26 cases of alleged violation of the equal pay principle and notes the annexed summaries of the CPD’s decisions relating to equal pay. The Committee draws attention to the CITUB’s statement that the labour inspection services focus their attention on recruitment procedures and registration of labour contracts rather than on the methods of wage fixing, including verification of compliance with the principle of equal remuneration for work of equal value. The Committee recalls that often the lack of human and material resources has an impact on the capacity of labour inspectors to address discrimination and equal remuneration issues. In most cases, labour inspectors may be able to intervene and provide guidance and redress only on the basis of individual complaints rather than on a more systematic and comprehensive basis during regular inspection at the workplace (see 2012 General Survey on the fundamental Conventions, paragraph 874). Stressing the crucial role of the labour inspectorate in the enforcement of legislation at the workplace, the Committee encourages the Government to investigate the comments made by the CITUB with a view to strengthening the role of the labour inspectorate to ensure employers’ compliance with the principle of equal pay. The Committee also requests the Government to continue providing information on equal pay cases examined by the CPD and the courts and their outcomes.

CMNT_TITLE

Gender wage gap. The Committee notes from the most recent statistical information provided by the Government that the gender wage gap (average annual wages) in the public sector was 31 per cent, while it was 24 per cent in the private sector. The Government also indicates that the highest gender wage gap (average wage) is in “health-care and social activities” (43 per cent in the public sector and 74 per cent in the private sector in 2008). The Committee also notes that according to the National Strategy on the Promotion of Gender Equality for the period 2009–15, vertical and horizontal gender segregation is observed in many sectors, and there are certain differences in the pay between men and women. In addition to its first implementation report of the Millennium Development Goals (MDGs), in which the Government set out concrete targets and indicators to be achieved by 2015, including the elimination of the gender pay gap (women’s pay should reach 80 per cent of that of men’s), the National Strategy on the Promotion of Gender Equality also set eradication of the gender pay gap and overcoming horizontal professional segregation as objectives. The Committee asks the Government to provide information on the measures taken to address the gender pay gap and occupational gender segregation, including in the context of the National Strategy on the Promotion of Gender Equality and the follow-up to the MDGs, and the results achieved. Noting the persistent gender wage gap in the public sector generally, as well as in “healthcare and social activities” in both the public and private sectors, the Committee also asks the Government to take proactive measures to examine and address this issue.

Measures to promote and ensure equal remuneration. The Committee recalls the “Bulgarian Trail on achieving better flexibility and security on the labour market 2009–11”, which according to the Government addresses the gender pay gap, including in the process of the determination of remuneration. In this connection, the Committee notes the Government’s indication that by the end of 2011, the minimum social security income was prescribed in the collective agreements of 50 economic activities, and internal proposals regarding the minimum social security income were also made in another 35 economic activities. The Government also indicates that the minimum social security income was to be raised by 6.9 per cent on average. The Committee asks the Government to provide detailed information on the impact of the collective agreements on the minimum social security income on reducing the gender pay gap. Noting that no information has been provided by the Government on objective job evaluation, the Committee asks the Government to take steps to promote the development and use of objective job evaluation, free from gender bias, including in the private sector, in collaboration with employers’ and workers’ organizations.

Awareness-raising activities. The Committee recalls the agreement between the Ministry of Labour and Social Policy and the Commission for Protection against Discrimination (CPD) providing for joint activities for creating the conditions to reduce and eliminate the gender pay gap. While noting the Government’s reference to the project “Progress to equality: National effective and innovative practices for prevention and fight against discrimination”, the Committee notes that no further information is provided concerning awareness-raising activities on the principle of the Convention. The Committee asks the Government to provide information on awareness-raising activities conducted, specifically with respect to the principle of equal remuneration for men and women for work of equal value.

Enforcement. The Committee notes the Government’s indication that in 2010, the second permanent specialized sitting panel of the CPD delivered 23 decisions concerning alleged discrimination, including 11 cases of alleged violation of the equal remuneration for work of equal value principle. The Committee also notes the information provided on the pay discrimination cases examined by the CPD and by the Supreme Administrative Court, in particular the follow-up on the case in which the CPD had recommended the inclusion in the collective agreement of an explicit clause ensuring observance of the principle of equal remuneration in accordance with section 14(1) and (2) of the Protection against Discrimination Act. The Government indicates that in this case, the parties agreed to remedy the pay differences and the remuneration of employees earning lower basic wage was increased accordingly. The Committee asks the Government to continue to provide information on any equal remuneration cases examined by the CPD and the courts, as well as by the labour inspectorate, and their outcomes.

CMNT_TITLE

Legislative developments. Definition of remuneration. The Committee welcomes the amendment of the Protection against Discrimination Act in 2008 resulting in the principle of equal remuneration for work of equal value applying now to all remuneration notwithstanding the length of the employment contract or the hours of work (section 14(2)), and providing that the remuneration of an employee or worker returning from maternity leave or childcare leave (section 14(4)) must be indexed at the same rate as the one applied to the other workers. The Committee asks the Government to continue to provide information on any legislative development regarding the principle of equal remuneration between men and women for work of equal value.

Assessment and analysis of the gender pay gap. The Committee notes from the statistical information provided by the Government that between 2005 and 2009, the gender wage gap (average annual wages) in the public sector increased significantly from 23.1 per cent to 35 per cent, while it decreased during the same period from 20.6 per cent to 19 per cent in the private sector. The Government indicates further that the highest wage gap (average wage) is in “healthcare and social activities” (48 per cent in the public sector and 82 per cent in the private sector) and the smallest gap is found in “professional activity and scientific research” (7 per cent in the public sector and 5 per cent in the private sector). According to EUROSTAT data, the gender pay gap calculated on the basis of average gross hourly earnings was 15.3 per cent in 2009. The Committee notes the Government’s indication that, pursuant to section 247 of the Labour Code, different remuneration systems are applied and remuneration depends on elements such as the hours of work and the amount of work. The Government reiterates that discrimination in remuneration between men and women does not exist in Bulgaria, as differences in remuneration result from other factors (structure of staff with women being concentrated in certain sectors, low level of education, level of stress, etc.). The Committee points out that historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences, capabilities and “suitability” for certain jobs, have contributed to occupational sex segregation in the labour market. As a result, certain jobs are held predominantly or exclusively by women and others by men. These views and attitudes also tend to result, when determining wage rates, in the undervaluation of “female jobs” in comparison with those of men who are performing different work and using different skills. The Committee asks the Government to take measures, such as studies or surveys on gender differences in remuneration in the private and public sectors, to examine the underlying causes of the gender wage gap, including whether jobs and positions predominantly performed by women are not systematically being undervalued compared to those predominantly performed by men. In addition, noting the significant increase in the gender pay gap in the public sector, the Committee asks the Government to indicate what measures have been taken or envisaged to examine and address this issue.

Measures to ensure and promote equal remuneration. The Committee notes the adoption of the “Bulgarian Trail on achieving better flexibility and security on the labour market 2009–2011”, which according to the Government addresses the issue of equal remuneration through active employment policy measures, measures for lifelong learning, measures introducing flexible forms of employment, and the “improvement of the mechanism for negotiating labour remuneration as a result of the actions of the social partners on the analysis of the price of labour in branches/sectors and regions”. The Committee asks the Government to provide information on any measures taken within this framework to address the gender pay gap, including in the process of the determination of remuneration and in particular in economic sectors where it is particularly pronounced. The Committee reiterates its request for information on any measures taken or envisaged to promote the use and development of methods for the objective evaluation of jobs, free from gender bias, particularly in the private sector, in collaboration with employers’ and workers’ organizations.

Awareness raising and enforcement. The Committee welcomes the conclusion of an agreement between the Ministry of Labour and Social Policy and the Commission for Protection against Discrimination (CPD) providing for joint activities with a view to creating the conditions to reduce and eliminate disparities in remuneration between men and women. The Committee notes that regional seminars and a national conference have been conducted within the framework of the agreement, with the participation of the social partners, local authorities and non-governmental organizations. The Committee also notes the information provided on the pay discrimination cases examined by the CPD, in particular the decision in which the Commission recommended the inclusion in the collective agreement of an explicit clause ensuring observance of the principle of equal remuneration in accordance with section 14(1) and (2) of the Protection against Discrimination Act. The Committee asks the Government to continue to provide information on awareness-raising activities conducted, including the joint activities carried out by the Ministry of Labour and Social Policy and the CPD, with respect to equal remuneration for men and women for work of equal value and on any equal pay cases examined by the CPD and their outcomes. In this respect, the Government is asked to indicate the measures taken following the decision of the CPD regarding the inclusion of the principle of equal remuneration in collective agreements. The Committee reiterates its request for information on whether the labour inspectorate and the courts have dealt with any cases concerning the Convention’s principle.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Assessment of the gender pay gap. The Committee notes from the statistical information provided by the Government that between 2004 and 2005, the gender pay gap (average annual wages) in the public sector increased from 20.1 per cent to 23.1 per cent, while it decreased during the same period from 21.3 per cent to 20.6 per cent in the private sector. According to EUROSTAT data, the gender pay gap calculated on the basis of average gross hourly earnings was 16 per cent in 2004, decreasing to 15 per cent in 2005 and 14 per cent in 2006. The Committee asks the Government to provide information explaining the increase in the gender pay gap in the public sector noted above and to provide information on the measures taken or envisaged to address this situation. The Government is also asked to provide more detailed information on the earnings of men and women, as far as possible in accordance with the Committee’s 1998 general observation, as well as information on the measures taken to address gender pay differentials in economic sectors where they are particularly pronounced.

Article 3 of the Convention. Objective job evaluation. In its previous comments, the Committee stressed the importance of objective job evaluation as a means of ensuring that remuneration is determined in accordance with the principle of equal remuneration for men and women for work of equal value. The Committee regrets 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 any measures taken or envisaged to promote the development and use of methods for the objective evaluation of jobs, free from gender bias, particularly in the private sector. The Committee also asks the Government to indicate the specific measure taken to seek the collaboration of workers’ and employers’ organizations in this regard.

Parts III and IV of the report form. Enforcement. The Committee notes the detailed information provided by the Government concerning the mandate and functioning of the Commission on the Protection against Discrimination, including the information regarding some cases dealt with by the Commission which involved issues of pay discrimination. The Committee asks the Government to indicate in its next report whether any of the promotional activities of the Commission on the Protection against Discrimination specifically address the right to equal remuneration for men and women for work of equal value, and to provide detailed information on any such activity. The Committee also asks the Government to continue to provide information on any cases decided by the Commission concerning equal remuneration. In addition, the Government is asked to collect and provide to the Committee information on whether the labour inspectorate and the courts have dealt with any cases concerning the Convention’s principle.

CMNT_TITLE

Article 3 of the Convention. Objective job evaluation. In its previous comments, the Committee stressed the importance of objective job evaluation as a means of ensuring that remuneration is determined in accordance with the principle of equal remuneration for men and women for work of equal value. The Committee regrets 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 any measures taken or envisaged to promote the development and use of methods for the objective evaluation of jobs, free from gender bias, particularly in the private sector. The Committee also asks the Government to indicate the specific measure taken to seek the collaboration of workers’ and employers’ organizations in this regard.

CMNT_TITLE

1. Articles 1(a) and 2(a) of the Convention. Application through legislation. Definition of remuneration. Recalling its previous observation, the Committee notes the Government’s confirmation that the term “all remuneration” in section 14(1) of the Act on Protection Against Discrimination covers the basic salary and any additional payments, in accordance with Article 1(a) of the Convention.

2. Articles 2 and 3. Practical application. Assessment of the gender wage gap. The Committee notes that, according to the statistical information provided by the Government, the gender pay gap (average monthly salary) in the private sector has decreased from 24.8 per cent in 2001 to 22.5 per cent in 2003. In the public sector, the gender wage gap decreased during the same period from 27.3 per cent to 21.4 per cent. The Committee asks the Government to continue to provide detailed statistical information on the earnings received by men and women, as far as possible in accordance with its general observation of 1998.

3. Measures to ensure and promote equal remuneration. The Committee notes the Government’s statement that the difference in pay received by men and women was not due to discrimination but was the result of women being more frequently employed in lower positions than men and being over-represented in economic sectors with low levels of remuneration. In this regard, the Committee welcomes the various measures mentioned in the report to promote gender equality in the labour market (e.g. measures to promote women’s access to higher paying jobs and family-friendly workplace arrangements) which indeed have the potential to reduce the gender pay gap. However, the Committee also stresses the importance of addressing gender pay differentials that arise due to discrimination that occurs in the process of the determination of remuneration (e.g. lack of consideration of skills required for jobs that are traditionally performed by women and the resulting undervaluation of tasks performed by women). While noting the Government’s explanations concerning the manner in which salaries are determined in the civil service, the Committee asks the Government to provide information on the measures taken to promote the development and use of objective job evaluation methods in the private sector, as encouraged under Article 3 of the Convention. The use of such job evaluation methods is an important means of avoiding gender bias in the determination of wages. The Committee reiterates its request to the Government to provide information on any efforts made to seek the collaboration of workers’ and employers’ organizations with a view to promoting objective job evaluation. Please also indicate any measures taken under the National Action Plan on Employment and the National Action Plan on the Promotion of Equality between Women and Men that specifically aim at eliminating pay discrimination that arises from gender-biased determination of remuneration.

4. Enforcement. The Committee notes from the Government’s report that the Commission on the Protection against Discrimination is not yet operational. It therefore asks the Government to keep it informed of any further developments with regard to the establishment and functioning of the Commission, including information on whether any of its activities address equal pay issues. Finally, the Committee asks the Government once again to provide information on any judicial or administrative decisions issued based on the equal pay provisions of the Labour Code or the Act on Protection from Discrimination.

CMNT_TITLE

1. Articles 2 and 3 of the Convention. Determination of remuneration and objective appraisal of jobs. The Committee notes that pursuant to section 14(3) of the Act on Protection against Discrimination, the criteria to determine the work remuneration shall be equal for all employees and shall be determined by collective labour agreements or by the internal administrative rules regarding salaries, or for civil servants, by the laws and regulations. The Committee asks the Government to provide information on the measures to be taken by the Government to promote and ensure that rates of remuneration are established by a method that ensures the application to all workers of the principle of equal remuneration for men and women workers for work of equal value. The Government is particularly requested to provide information on how it ensures the application of the Convention’s principle in the public sector, including through the promotion of objective appraisal of jobs on the basis of the work performed. Please also provide information on any efforts made by employers’ and workers’ organizations’ in this regard.

2. Parts III to V of the report form. Practical application and enforcement. The Committee notes that the Commission for Protection against Discrimination set up under the Act on protection against discrimination is an independent body charged with overseeing the implementation of and compliance with that Act. The Committee asks the Government to provide information on any activities undertaken by the Commission with regard to the principle of equal remuneration for work of equal value, including the number, nature, and outcome of complaint proceedings received, recommendations and statements issued, or relevant studies or reports. Please also provide any relevant administrative or judicial decisions involving the principle of equal remuneration.

3. The Committee notes that, according to the Government’s report, the gender gap in the average annual remuneration has decreased from 27.2 percent in the public sector and 24.8 per cent in the private sector in 2001 to 23.6 per cent in the public sector and 21.2 per cent in the private sector in 2002. It also notes that according to the report, the overall average annual remuneration of women continued to increase in the public sector. However, the Committee notes with concern that according to longer term figures, the gender remuneration gap substantially widened in the private sector between 2001 and 2002. According to the Government’s report, this gap was at 21.2 percent in 2002, while according to information previously submitted it was at 13.2 per cent in 2001. The Committee asks the Government to assess this situation and supply any explanation as to the causes of the increase of the gender remuneration gap in the private sector, as well as any measures taken to specifically target and address this problem. Noting various measures taken by the Government to promote equality of opportunity of men and women in the labour market more generally, such as the inclusion of a gender equality component in the National Employment Strategy, 2003, the Committee asks the Government to indicate in which ways these efforts contribute to a better application of the Convention.

4. The Committee notes that the view expressed by the Bulgarian Industrial Association (BIA) that the gender gap in average annual remuneration would not mean that there was pay discrimination on the basis of sex, but that high salaries would be paid in industries and enterprises where the conditions of work were "non-attractive for women". While the Committee would agree that direct pay discrimination against women would not often be the sole cause of the overall gender remuneration gap, it stresses however that women’s equal access to jobs and occupations and the fact that jobs traditionally considered to be "attractive for women" may in fact be undervalued is highly relevant to the application of the Convention. It therefore encourages the Government to make every effort to gather and make available statistical information that would allow for an in-depth analysis of the existing gender remuneration gap as a basis for designing and implementing measures leading to its reduction. The Government’s attention is once again drawn to the Committee’s 1998 general observation on Convention No. 100 (attached for ease of reference), which sets out the type of statistical information needed to meaningfully assess the application of the Convention.

CMNT_TITLE

1. Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes with interest that under section 14(1) of the Act on Protection against Discrimination of 24 September 2003, the employer shall ensure equal remuneration for equal work and work of equal value and that, according to section 14(2) this principle applies to "all remuneration, paid directly or indirectly, in cash or in kind". The Committee asks the Government to confirm that "all remuneration" in the sense of section 14(2) includes the ordinary or basic salary and additional emoluments whatsoever arising out of the worker’s employment in accordance with Article 1(a) of the Convention. It also asks the Government to provide information on the practical application and enforcement of the principle of equal remuneration for men and women workers for work of equal value under section 14, including through relevant administrative and judicial bodies.

2. The Committee recalls that the Labour Code (Amendments and Additions) Act issued by Decree No. 44 of 12 March 2001, introduced a new section 243 in the Labour Code, which provides in subsection (1) for equal remuneration for men and women workers for the "same or equivalent work" rather than for equal remuneration for work of equal value. In this regard, the Committee notes the Government’s explanation that the term "equivalent", as used in the Bulgarian language, was meant to refer to the equal value of the work performed by women and men regardless of its nature. The Committee asks the Government to provide information on the practical application of section 243 of the Labour Code by the competent administrative and judicial authorities.

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

CMNT_TITLE

The Committee notes the information contained in the Government’s report.

1. The Committee notes the Government’s statement that the National Assembly has not approved the Equal Opportunities for Men and Women Act and that no national council on equal opportunities for men and women has therefore been established. It also notes that, according to the Government’s report, a new draft law on prevention of discrimination is pending approval at the Council of Ministers. The Committee notes the Government’s statement that article 28(4) of the draft law envisages equal treatment between men and women respecting working conditions, minimum pay, rest and leave, and remuneration for the actual work performed "in accordance with conditions and procedures established by law". It asks the Government to clarify the meaning of article 28(4) of the draft Act with regard to the principle of equal pay for work of equal value contained in Article 1 of the Convention, including the conditions and procedures set out in other laws that qualify or affect the application of the principle in practice. It further asks the Government to provide information on what methods, if any, are envisaged to ensure that such criteria are consistently applied and weighted in a non-discriminatory manner. The Committee refers the Government to its above comments and hopes that the draft law will be revised in such a manner as to promote the implementation of the principle of equal pay for work of equal value. Please provide information on any changes to the draft and supply a copy to the Office upon its adoption.

2. The Committee notes the statistical information provided by the Government. In particular, it notes that the wage gap between men and women working on contract has decreased between 1999 and 2001 from 23.2 per cent to 17.4 per cent. It also notes that the wage gap remains greater in the public sector (1999: 27.8 per cent; 2001: 26.5 per cent) than in the private sector (1999: 19.9 per cent; 2001: 13.2 per cent). The Committee notes that women’s participation in the labour market has increased slightly in 2001 (2.5 per cent) whereas men’s participation has decreased slightly (0.5 per cent). The Committee asks the Government to provide detailed statistical information that allows it to assess the practical application of the principle of equal pay for work of equal value between men and women. In that regard, it notes the Government’s admission that no research has been conducted regarding the effects of family responsibilities on women’s income. Referring to its 1998 general observation on Convention No. 100, the Committee reminds the Government of the importance of providing any available data on wage statistics, which could give an indication of the relative earnings of men and women and asks the Government to continue to supply such statistics along with other information on work and family life that may impact upon the application of the Convention.

3. Concerning the application of the Convention in the public sector, the Committee notes the Government’s statement that there is no information available on the real hourly wage remuneration paid to men and women employed in certain spheres of the public service (other than those governed by Cabinet Decrees Nos. 25/2000 and 18/2000) where wages are determined by collective labour agreements. The Committee asks the Government to provide copies of these collective agreements as well as information on how it intends to ensure the application of the principle embodied in the Convention in the public sector. Noting that, overall, the wage gap is larger between men and women in the public sector, it asks the Government for information on any specific measures taken or envisaged to improve the status of women and their remuneration levels through measures such as promoting their access to higher level posts, and evaluating objectively remuneration levels in female-dominated occupations.

4. The Committee asks once again the Government to provide information on the activities of the National Tripartite Cooperation Council relating to the application of the Convention.

CMNT_TITLE

The Committee notes that the Labour Code amendments of 2001 (Labour Code (Amendments and Additions) Act, Decree No. 44, 12 March 2001) introduced new article 243 in the Labour Code, which contains the "right to equal remuneration for the same or equivalent work" and applies that right "to all payments arising in respect of employment". In its previous direct request, the Committee had noted that the amendment introduced in the National Assembly by Council of Ministers’ Decision No. 484/10 of July 2000 was framed in such terms as to provide for men and women to receive equal pay for work of equal value. The Committee recalls, as it noted in paragraph 19 of its 1986 General Survey, that the obligations arising from Article 1 of the Convention"go beyond a reference to ‘the same’ or ‘similar’ work", and extend to work "of equal value", which requires a broader comparison of jobs. The Committee expresses its concern over the adoption of this restricted approach in legislation. It must underscore the importance of ensuring that women who undertake different work from men but work that is of equal value, based on objective job appraisals using criteria, such as responsibility, skill, effort and working conditions be paid equal remuneration. It must also draw attention to the important role that legislation plays in implementing the Convention and the importance of it being in conformity with the Convention. The Committee therefore asks the Government to indicate the manner in which it intends to bring its laws in conformity with Article 1 of the Convention.

The Committee is addressing a request directly to the Government on other points.

CMNT_TITLE

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

1. The Committee notes that the Council of Ministers, with Decision No. 484/10 of July 2000, introduced article 243 in the Labour Code, which establishes the principle of equal remuneration for men and women for work of equal value in accordance with Article 1 of the Convention.

2. The Committee notes the National Action Plan for Employment for 2001, passed by Decision No. 293 of 27 April 2001 of the Council of Ministers, especially the section relating to Pillar IV of the Employment Directives of the European Union - Strengthening the Equal Opportunities Policy. It also notes that in execution of the European Commission Directive for the incorporation of equal opportunities for men and women in every policy and activity of the European Union and the establishment of a national mechanism for ensuring gender equality, in May 2000 the Council of Ministers adopted a regulation, pursuant to which the Council assigned functions related to the application of equal opportunities for men and women, to the Minister of Labour and Social Policy (MoLSP). The Committee asks the Government to indicate if the draft Equal Opportunities of Men and Women Act has been adopted and if the proposed National Council for Equal Opportunities has been constituted as an advisory body under the MoLSP with membership represented by government and non government organizations (social partners and civil unions).

3. The Committee notes the Government’s indication stating that where wages are determined by the State, equal remuneration for men and women is guaranteed for all posts at the same level by Cabinet Decrees Nos. 25/2000 and 18/2000. The Committee also notes that the wages in other spheres of the public sector are determined by collective labour agreements after negotiations between employers and trade unions in the respective enterprises based on the financial conditions in them. The Committee asks the Government to provide copies of the above-referred collective agreements and the actual hourly wages earned by women and men in those sectors, as it requested in the previous direct request.

4. The Committee notes, on the basis of the statistical information provided by the Government in its report, that in the public sector in 1998 women were earning 70.99 per cent of men’s wages while in the private sector women earned an average of 27.45 per cent less than men. The Committee also notes that since 1996 women’s salaries have increased in order to level them with men’s wages, but while in the private sector the increase in that interval has been 9.68 per cent, in the public sector it has only been 2.83 per cent. The Committee notes that although the difference between the overall average wage rate in the private sector for women is less than the average in the public sector, in the private sector, if analysed by industries, the wage gap in some is quite wide. In the hotel and catering industry women’s wages are 48.94 per cent of male wages; in the trade and repair industry 59.03 per cent; in the health and care industry 62.95 per cent; and in the manufacturing industry 71.18 per cent. The Committee asks the Government to provide information on the measures taken or envisaged to improve the status of women in the labour market and their remuneration levels through measures such as promoting their access to higher level posts, and evaluating objectively remuneration levels in female-dominated occupations. The Committee asks the Government to continue to supply statistical information on remuneration rates of men and women in accordance with its general observation of 1998 on the Convention.

5. Recalling that family responsibilities have been cited as a reason for women earning less than men, the Committee notes that the Government’s report does not provide information on any services provided or envisaged to meet the needs of workers with family responsibilities in the public sector, nor has it indicated in what manner family responsibilities are responsible for women's earning lower average wages. The Committee reiterates its previous request as to whether any studies had been conducted on the impact of family responsibilities on women's earnings and to supply copies of such studies.

6. The Committee notes that no information was sent by the Government relating to the basis for the criteria used in the job appraisals conducted during the collective bargaining process and what methods, if any, are being applied to ensure that such criteria are consistently applied and weighted in a non-discriminatory manner. The Committee asks the Government to send the abovementioned information and to indicate the measures taken or envisaged to encourage the employment of women in non-traditional occupations.

7. The Committee asks the Government to provide information on the activities of the National Tripartite Cooperation Council relating to the application of the Convention.

CMNT_TITLE

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

1. While the Committee takes due notice of the legislation cited by the Government as confirmation of its intent to apply the principle of the Convention, the Committee observes that none of the provisions cited expressly establish the right of equal remuneration for work of equal value. Accordingly, the Committee reiterates its previous comments regarding the Government's repeal of Article 243 of the Labour Code and its hope that the Government will contemplate giving legislative expression to the principle of the Convention. In this context, the Committee notes the activities of the National Tripartite Co-operation Council, particularly with respect to its growing role in the Government's decision-making process concerning labour standards. The Committee would be grateful if the Government would provide, in its next report, information on the Council's activities relating to the application of the Convention, including any recommendations the Council may make regarding legislative reform.

2. The Government indicates that, in sectors where wages are determined by the State, equal remuneration for men and women is guaranteed by Cabinet Decrees Nos. 68/1996, 36/1997 and 14/1998, which provide for equal wages for all posts of the same level. The Government further indicates that wages are fixed by collective bargaining agreements in all other spheres of the public sector. The Committee would be grateful if the Government could provide copies of the above-referenced Cabinet Decrees as well as the texts of collective agreements fixing wages in various areas in the public sector and indicating, where possible, the percentage of women covered by such agreements and the actual hourly wages earned by women and men in those sectors.

3. The Committee notes, on the basis of the statistical information provided by the Government, that women hold more posts than men in the budgetary sphere of the public sector, comprising from 56 per cent to 80 per cent of the labour force, depending on the field of work. Women's average monthly earnings nevertheless range from 85 per cent to 91 per cent of the average monthly wage earned by men, again depending upon the field of work involved. The Government indicates that these differences "are due mainly to a different level of education, qualification and accrued working record by the women, arising from their family responsibilities". As an example, the Government refers to female employees caring for their ill children. The Committee recalls the language of Paragraph 6(c) of the Equal Remuneration Recommendation, 1951 (No. 90), which provides that, in order to facilitate the application of the principle of equal remuneration for men and women workers for work of equal value, appropriate action should be taken, where necessary, to raise the productive efficiency of women workers by, inter alia, providing welfare and social services which meet the needs of women workers, particularly those with family responsibilities. The Government is asked to indicate whether and what kind of welfare and social services are provided or are proposed to be provided by the Government to meet the needs of workers with family responsibilities in the public sector and to indicate precisely in what manner family responsibilities are responsible for women's earning lower average wages. Further, the Government is asked to state whether any studies have been conducted on the impact of family responsibilities on women's earnings and supply copies of any such studies. In order to assist the Committee in evaluating the application of the Convention, the Government is asked to provide, in its next report, the fullest statistical information possible in accordance with the guidelines set forth in the Committee's general observation on this Convention.

4. In its report, the Government states that objective appraisal of jobs is provided for during collective negotiations between trade unions and employers in the different branches and sectors of the economy and that the wage negotiations are differentiated by category and position, on the basis of various non-gender-based criteria, including education, qualifications and working conditions. The Committee welcomes these indications in the Government's report, since the concept of paying men and women equally in accordance with the value of their work implies the adoption of an objective method to measure and compare the value of the jobs performed. Moreover, because men and women tend to perform different jobs, a technique to measure the relative value of jobs with different content is essential to eradicate gender-based salary discrimination. However, since job evaluation is an inherently subjective method, care should be taken to prevent sex stereotyping from entering the process, which may result in an undervaluation of jobs held mainly by women or jobs requiring qualities regarded as essentially "feminine". Thus, the criteria utilized for the appraisal of jobs should not undervalue the skills normally required for jobs that are in practice performed by women, such as care-giving, human relations skills and jobs calling for manual dexterity. In comparing the work of men and women, care should be taken to balance the various job components to ensure a fair and just evaluation. (See General Survey on equal remuneration, ILO, 1986, paragraphs 133 to 152). In this regard, the Committee requests the Government to indicate the basis for the criteria used in the job appraisals conducted during the collective bargaining process and what methods, if any, have been applied to ensure that such criteria are consistently applied and weighted in a non-discriminatory manner.

CMNT_TITLE

1. In its previous direct request, the Committee asked the Government to indicate whether the principle of the Convention was guaranteed in any legislative text or regulation. In this regard, the Committee had noted the repeal of section 243 of the Labour Code which, though not in full conformity with the Convention, had been the only legislative provision dealing with equal pay. The Committee notes the Government's reference to article 6, paragraph 2, of the 1991 Constitution -- which prohibits any restriction of rights or privileges based on various grounds, including sex -- and to section 244 of the Labour Code empowering the Council of Ministers to determine the minimum wage. However, as neither of these provisions provides a sufficient guarantee against wage discrimination as provided for by the Convention, the Committee hopes that the Government will contemplate giving legislative expression to the principle of the Convention.

2. The Committee notes that in sectors in which wages are determined by the State, observance of the principle of equal pay for equal work is guaranteed by virtue of the Council of Ministers' Decree No. 68 of 1996, which provides for equal wages for all posts of the same level. While noting the statistics provided with the report, the Committee requests the Government to indicate the percentage of men and women employed in those branches of industry where wages are determined by the State.

3. On the basis of the statistics supplied by the Government, the Committee notes that women's average wage was 72.7 per cent of that of men's for 1995 and 70.3 per cent for the third quarter of 1996. The Committee notes the Government's comment that the average wage differences between men and women are due mainly to the higher pay received by men in jobs with arduous and unhealthy conditions, from which women are prohibited from employment by provisions aimed at safeguarding their health and fertility. The report also states that the lower average wage rates of women are due to their high representation in branches of industry with relatively lower wage rates, such as textiles and clothing, education and health. In this regard, the Committee requests the Government to indicate the extent to which attempts have been made in the wage-fixing systems to ensure that factors which are more likely to be present in the jobs undertaken by women (such as repetitive work, maintaining certain postures, dexterity) are identified and evaluated to balance those factors (such as dirty or hazardous working conditions and physical strength) which evidently account for the higher wages received by men. As the Government has acknowledged, the weighting given to typical factors in male jobs has an adverse effect on women's wages, particularly in situations where women are prohibited, or restricted, from undertaking certain jobs. In its 1986 General Survey on equal remuneration, the Committee noted that some of the factors used to evaluate jobs tend to favour men over women and that, moreover, some factors which are more likely to be present in the jobs undertaken by women may not be identified and therefore not valued in job evaluation schemes, as is often the case with caring skills and responsibility, human relations skills and manual dexterity.

4. The Committee notes the statistics for 1995 and 1996 (first half) supplied by the Government on the number of violations detected and penalized by the General Labour Inspectorate. Please indicate how many of these violations concern equal remuneration between men and women.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Further to its previous comments, the Committee notes with regret the repeal of section 243 of the Code, which established, albeit not fully, the principle of equal wages. The Committee requests the Government to indicate whether the principle of the Convention is guaranteed in any other legislative text or regulation and, if so, to provide information on how it is applied.

2. The Committee notes that under section 244 of the Labour Code, the Council of Ministers sets the minimum wage and other elements of remuneration, as well as the wage scales in certain sectors. The Committee notes with regard to the "individual" sectors, that wages are fixed by collective bargaining, as they are in the production sectors. The Committee also notes the Government's statement that wages are determined on the basis either of the duration of the work or the work performed (section 247 of the Labour Code), without discrimination on the basis of sex. The Committee refers to its 1986 General Survey on equal remuneration, particularly paragraphs 24 to 30 on the role of governments in the application of the principle of equal remuneration, and draws the Government's attention to the need to adopt certain measures to apply the Convention. For example, in the sectors where the State has responsibility in determining wages, it must ensure observance of the principle of equal pay for work of equal value. In the sectors where wages are negotiated and fixed by collective agreement or after the employer has consulted the workers, the Committee stresses the usefulness, particularly where there are no legal provisions establishing the principle of the Convention, of objective job appraisal systems so as to compare the value of the various tasks and thus guarantee equal pay for work of equal value, and of specific measures to encourage the application of the principle of the Convention in collective agreements. The Committee asks the Government to indicate in its next report any measures taken to give effect to the Convention.

3. The Committee notes that, in answer to its question concerning the practical application of the Convention, the Government indicates that the rules of the National Statistics Institute are shortly to be improved, which should enable it to provide the Committee with the necessary information to ascertain to what extent the principle of equal remuneration is applied in practice. The Committee would therefore be grateful if, in its next report, the Government would provide:

(i) the wage scales applying in the public sector, with an indication of the percentages of men and women employed at different levels;

(ii) the texts of collective agreements fixing wage rates in the various sectors of activity, indicating where possible the percentage of women covered by the collective agreements and the percentage of men and women employed at different levels;

(iii) statistical data on wage rates and the average actual earnings of men and women, broken down, where possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the percentage of women in each of these categories;

(iv) information on the activities of the labour inspectorate (infringements recorded, penalties imposed) and on court decisions.

CMNT_TITLE

The Committee notes the Government's report for the period ending July 1993. It also notes the amendments to the Labour Code, which came into force on 1 January 1993.

2. The Committee notes that under section 244 of the Labour Code, the Council of Ministers sets the minimum wage and other elements of remuneration, as well as the wage scales in certain sectors. The Committee notes with regard to the "individual" sectors, that wages are fixed by collective bargaining, as they are in the production sectors. The Committee also notes the Government's statement that wages are determined on the basis either of the duration of the work or the work performed (section 247 of the Labour Code), without discrimination on the basis of sex. The Committee refers to its 1986 General Survey on Equal Remuneration, particularly paragraphs 24 to 30 on the role of governments in the application of the principle of equal remuneration, and draws the Government's attention to the need to adopt certain measures to apply the Convention. For example, in the sectors where the State has responsibility in determining wages, it must ensure observance of the principle of equal pay for work of equal value. In the sectors where wages are negotiated and fixed by collective agreement or after the employer has consulted the workers, the Committee stresses the usefulness, particularly where there are no legal provisions establishing the principle of the Convention, of objective job appraisal systems so as to compare the value of the various tasks and thus guarantee equal pay for work of equal value, and of specific measures to encourage the application of the principle of the Convention in collective agreements. The Committee asks the Government to indicate in its next report any measures taken to give effect to the Convention.

(i) the wage scales applying in the public sector, with an indication of the percentages of men and women employed at different levels;

(iv) information on the activities of the labour inspectorate (infringements recorded, penalties imposed) and on court decisions.

CMNT_TITLE

1. The Committee notes from the information contained in the Government's report that a Bill to amend the 1987 Labour Code has been submitted to Parliament.

The Committee recalls that section 243 of the 1987 Labour Code provides that equal pay shall be due for equal work and that work shall be considered equal whenever the results of it, the complexity and the demands of the job and the conditions in which it is performed are equal. Section 242 of the 1987 Labour Code provides that remuneration shall be determined according to the quantity and quality of the work performed by the employee and that it shall be evaluated in accordance with the results of the activities performed by the working collective in the enterprise, and the employee's personal contribution, with due consideration for the complexity and demands of the job and the conditions in which it is performed. The Committee refers to its previous comment wherein it pointed out that the criteria of quality and quantity are not sufficient to permit a comparative evaluation of different work carried out by men and women which may be of equal value.

The Committee hopes the Government will take into account its comments on the application of this Convention and it trusts the proposed new labour legislation will guarantee equal remuneration for work of equal value between men and women in compliance with the requirements of the Convention.

2. The Committee notes that for some years, the Government has not provided information sufficient to enable an appraisal of the extent to which the wage differential has been reduced through application of the principle of the Convention. Accordingly, the Committee requests the Government to provide, in its next report, full information concerning the implementation in practice of the Convention, including (i) the salary scales applying in the public sector, with an indication of the percentage of men and women employed at different levels; (ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women in the economy, broken down, where possible, by occupation or sector of employment, seniority or skill level as well as information on the percentage of women employed in different occupations or sectors; and (iii) information regarding any surveys or studies undertaken or envisaged with a view to determining the reasons for wage disparities and details on any measures to remove the barriers to the full implementation of the Convention.

CMNT_TITLE

The Committee notes that section 242 of the Labour Code, which came into force on 1 January 1987, provides that remuneration shall be determined according to the quantity and quality of the work performed by the employee and that it shall be evaluated in accordance with the results of the activities performed by the working collective of the enterprise, and the employee's personal contribution, with due consideration for the complexity and demands of the job and the conditions in which it is performed. Under section 243 of the Labour Code, equal pay shall be due for equal work. Work shall be considered equal whenever the results of it, the complexity and the demands of the job and the conditions in which it is performed are equal.

As the Committee noted in paragraphs 19 to 21, 44 to 65 and 70 of its 1986 General Survey on Equal Remuneration, the criteria of quality and quantity permit a comparative evaluation of the performance of different persons carrying out work of the same nature, but they do not provide a sufficient basis for the application of the principle of equal remuneration where men and women perform work of a different nature but which may be of equal value. The Committee therefore requests the Government to supply more detailed information on the application of the principle set out in the Convention to work of a different nature performed by men and women, and particularly on any job classification systems and evaluation criteria used, and on any re-examination of evaluation criteria that may be carried out in the light of the Convention.