Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the indications in the Government's report that the wage gap between women's and men's average annual earnings diminished slightly between 1996 and 1997. However, while some sectors show a slight narrowing (e.g. central government, white-collar staff in manufacturing) in this period, others show stagnation or a negative trend (e.g. commercial and savings banks, municipalities and client services). According to the Government, the negative trend in these sectors is due to the fact that changes in job structure and age composition, and an increase in payments of supplements to men in client service sectors have contributed to a drop in women's annual earnings compared with men's in some sectors.

2. The Committee notes that a broad interpretation will be given to section 5 of the Equal Status Act of 1978, as amended, to permit comparison of work across trade and occupational divides within the same enterprise. While this will enhance application of the Convention, the Committee notes that such wage comparison will continue to be restricted to the same enterprise. Given the information provided by the Government under Convention No. 111 showing that occupational segregation by sex continues to exist, the Committee points out that adequate possibilities for comparison must be available if the principle of equal pay is to have an application in a sex-segregated labour market. As the Committee has stated in its 1986 General Survey on equal remuneration (paragraph 72), it is essential, in order to ensure equal remuneration in an industry employing mostly women, that there be a basis of comparison outside the limits of the establishment or enterprise concerned. The Government's report indicates that pay levels are lowest in female-dominated sectors and that they are clearly higher in male-dominated trades than in female-dominated trades. The Committee therefore requests the Government to indicate whether it has any intention, in light of the forthcoming revision of the equal pay provisions, to amend section 5 to allow for wage comparison outside the limits of the establishment or the enterprise concerned. Please also indicate any decisions by the Equal Status Appeals Board and the Labour Disputes Court concerning the scope of comparison for the purpose of equal pay.

3. The Committee notes the Government's statement that the amendment of the Equal Status Act in 1999 will not give statutory form to the appropriate factors to be considered in comparing jobs. It also notes that the Job Evaluation Committee recommended the use of objective job assessments, based on key factors such as competence, effort, responsibility, and working conditions. According to the Government, this would mean that central parties in the private and public sectors would enter into an agreement in principle on job evaluation and that pay disparities would be rectified through negotiation. It was the view of the bodies consulted by the Job Evaluation Committee that testing and guidance was a prerequisite for introducing job evaluation as part of wage fixing. Noting that trials for job evaluation are being considered and that the Government will discuss with the social partners the follow-up to be given to the Job Evaluation Committee's recommendations, the Committee wishes to be kept informed of any developments in this regard.

4. The Committee notes from the information contained in the report that, while an across-the-board supplement was awarded in the central and local government sectors in 1996 and a relatively large allocation was earmarked for centralized adjustment negotiations and for certain local negotiations, local settlements in the central government sector resulted in awards for women that were marginally in excess of a pro-rata distribution. It further notes that, in the municipal sector, the allocation for local adjustments was designed to promote pay parity, to better the position of low-paid employees and to promote the provision of a new pay scale. The Government's report does not give any reply to the Committee's previous request for information on the outcome of the implementation of the Women's Pay Committee's proposal for a job evaluation system in a sample of municipalities. The Committee hopes that this information will be included in the next report.

5. The Committee notes with interest the adoption of Act No. 38 of 1997 amending section 9 of the Equal Status Act to establish an Expert Centre on Equality. According to Ordinance No. 799 of 1997 concerning the rules governing the Expert Centre on Equality, the Centre will have an advisory, promotional and researching role and will be a focal point for cooperation and information dissemination. The Government is requested to provide information on the activities of the Expert Centre on Equality, in particular as regards issues of equal remuneration between men and women for work of equal value.