Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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

1. The Committee notes from the report that, in 1998, women's average gross monthly salary over all sectors was 78 per cent of men's. The Committee also notes with interest that women earned 97.6 per cent of men's average salary in the sector of equipment and machinery operators and assemblers. Female civil servants earned 85 per cent of male civil servants' average salaries. The greatest wage disparity was found in trade and services, where women earned 64.8 per cent of men's average wages.

2. Article 1(a) of the Convention. The Committee notes the Government's explanations concerning Latvian legislation on women's rights in the workplace. However, the Committee once again notes that the 1994 Labour Code does not provide a general definition of the term "remuneration". The Committee points out that the definition of remuneration in the Convention is couched in the broadest possible terms, in order to ensure that equality in remuneration is not limited to the basic or ordinary wage. Accordingly, it once again asks the Government to indicate the measures taken or envisaged to ensure that all payments to workers above the minimum wage, including "any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer", are made without discrimination based on sex.

3. Article 1(b). With respect to its previous comments, the Committee notes that, while the 1994 Labour Code establishes that men and women enjoy equal rights to, inter alia, work and remuneration, the concept of pay equality is not addressed. The Committee therefore again requests the Government to indicate whether any measures have been taken or are contemplated to reflect in Latvian legislation the principle of equal remuneration for men and women workers for work of equal value.

4. Article 2. The Committee notes with interest the information supplied on the classification of occupations adopted by the Government, which is based upon the ILO International Standards Classification of Occupations. With regard to the wage scales utilized, the Committee notes the Concept on Payment developed by the Ministry of Welfare and approved by the Cabinet of Ministers on 30 June 1998. The Committee notes from the report that the purpose of the Concept is to develop a flexible and mobile payment system which would be more competitive with private sector wages and would motivate employee productivity by linking salaries with performance results. The Committee recalls that, while performance appraisal criteria such as skill and output are not discriminatory per se, they must be applied in good faith to prevent gender-based wage differentials from arising (see General Survey on equal remuneration, 1986, paragraph 54). The Committee requests the Government to continue to supply information on the implementation of the Concept and its impact on wages of women and men.

5. Article 3. In reporting on progress made in reducing sex-based wage differentials in Latvia, the Government attributes the existing wage disparity to two factors: (1) the greater burden that Latvian women shoulder with respect to family responsibilities, which impedes their access to better paid management-level positions; and (2) occupational segregation. The Committee requests the Government to provide information on measures taken to raise public awareness of this problem and promote a more equal sharing of family responsibilities, as well as any concrete measures taken or envisaged to assist men and women workers in balancing work and family responsibilities. Further, the Government is asked to indicate any measures taken to promote women's access to better-paid supervisory and managerial positions, including providing occupational guidance and vocational training to enable women to compete more effectively for such positions.

6. The Government indicates that women in the Latvian labour market are concentrated in sectors mostly financed by state and municipal budgets and which have the lowest average salaries in the country, such as education, social work and culture. In this regard, the Committee points out that men and women may in practice be segregated into different occupations and industries due to long-held historical and societal attitudes. In the context of a pay equity scheme in conformity with the Convention, the adoption of non-discriminatory job evaluation criteria that are applied in a uniform manner and on the broader level at which wage policies are set may lead to a reduction in those wage differentials arising from traditional stereotypes in respect of the value of "women's work" (see 1986 General Survey, paragraph 256). The Committee requests the Government to indicate the steps taken or contemplated to ensure that the objective appraisal of jobs on the basis of the work to be performed is based upon a scope of comparison outside the limits of the female-dominated sector or enterprise, to ensure an evaluation free from gender-based discrimination.

7. The Committee notes from the Government's report that less than 30 per cent of Latvian workers are affiliated to trade unions and that these persons are all covered by collective agreements. It further notes the Government's statement that workers' organizations do not permit discriminatory terms to be included in collective agreements. In this connection, the Committee reiterates its request that the Government supply samples of collective agreements, including wage scales, concluded for sectors or enterprises in which women are concentrated. The Committee also repeats its request that the Government supply information on the extent to which work quotas are used, the types of jobs and sectors in which they are primarily utilized, and the manner in which such quotas are set and applied. Please also indicate any measures taken or contemplated to ensure that remuneration under the work quota system is paid in accordance with the principle of the Convention.

8. The Government states that the Latvian Human Rights Office and the State Labour Inspection are responsible for implementing the provisions of the Convention. The Government is requested to supply information regarding the activities of the Human Rights Office in promoting and ensuring the application of the Convention. With respect to the State Labour Inspection, the Government is requested to indicate the number of equal pay inspections conducted during the reporting period, the violations detected, and action taken.