Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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

1.  The Committee notes with interest the statistical data supplied by the Government which show a narrowing of the wage gap between men and women since April 1998. The Government indicates that in April 1999, women in private sector employment earned on average 20 per cent less than men (compared to an overall 30 per cent wage disparity in 1998). As in 1997, the wage gap is still wider in the civil service, where women’s average monthly earnings were 30 per cent less than men’s (compared to a 40 per cent difference in 1998). The Government states that women receive less pay in the public sector because men occupy higher positions, and perform work which requires higher qualifications. The Committee notes from the report that wage parity between men and women in the public service varies by sector and that in some sectors, such as trade, secondary education and social work, women’s average wages are higher than men’s. In light of the statistical information provided, the Committee asks the Government to supply information on the distribution of men and women in the various sectors and at the different levels of the public service, indicating the average monthly earnings in each sector. Noting the Government’s statements attributing the wage gap at least in part to the fact that the senior positions in Lithuania are still predominately occupied by men, the Committee also asks the Government to supply information on the measures taken or envisaged to promote women’s access to higher ranking and better-paid positions in the public service.

2.  The Committee notes the adoption of the Act on Equal Opportunities and thanks the Government for supplying a copy of the legislative text. It notes that, while the Act expresses the principle of equal remuneration for men and women for work of equal value, the Act does not define the concept of remuneration. The Committee notes the Government’s indication that the amendments to the Civil Service Act currently being considered by the Seimas provide that the remuneration of a civil servant shall consist of the official salary, a bonus for the years of pay and other extra pay. Noting that the new remuneration scheme is expected to come into force in 2001, the Committee expresses the hope that the amendments will be in conformity with the broad definition of remuneration expressed in Article 1(a) of the Convention. It would be grateful if the Government would keep it informed of developments in this respect and supply a copy of the legislative text of the amendments to the Act once they are adopted. The Committee also asks the Government to indicate the manner in which the broad definition of remuneration contained in Article 1 of the Convention is applied to private sector workers to ensure application of the principle of the Convention with regard to all components of the remuneration received by the worker.

3.  The Committee notes from the report that the Act on Collective Agreements and Contracts establishes that collective contracts, which provide workers with less favourable terms and conditions of employment than those stipulated by Lithuanian law, shall be null and void. It also notes the Government’s statement that, reading the Act on Collective Agreements and Contracts in conjunction with the equality provisions in the Act on Equal Opportunities, the conclusion can be drawn that collective agreements may not contain discriminatory clauses on the basis of gender. Please indicate the measures taken or envisaged to ensure that discriminatory clauses are in fact not included in or are deleted from collective agreements. While noting the Government’s indication that it does not intervene in regulating collective agreements and cannot therefore supply samples of such agreements, the Committee nevertheless repeats its request that the Government supply information on the methodology used by the social partners to evaluate and compare jobs, classify posts and determine wage scales in collective agreements.

4.  The Government indicates that the Labour Inspectorate has not registered any equal pay violations and that no cases of gender-based wage discrimination have been addressed by the Lithuanian courts. The Committee notes from the report that the Office of the Equal Opportunities Ombudsman received two complaints alleging pay discrimination, one of which was found to have merit and the second of which is still under investigation. The Committee would be grateful if the Government would continue to provide information regarding complaints of pay discrimination filed with the Equal Opportunities Ombudsman, as well as the measures taken by the Labour Inspectorate to implement the provisions of the Convention, including the number of inspections conducted, the number of violations found, the action taken and the outcomes. Please also continue to supply information in future reports on any administrative or judicial decisions relevant to the application of the Convention.

5.  The Committee notes the Government’s statement that amendments to the Civil Service Act of 8 July 1999 (which suspended Act No. I-1581 of 9 October 1996 on the Basic Principles of Wage Payment for Leaders of State and the Government, Members of Parliament, Employees of State Institutions and Organizations and of Self-Governing Institutions and Organizations) to establish the new scheme for remuneration of civil servants are currently being considered by the Seimas. The Government further states that the draft Act on remuneration of state politicians, judges and officials who do not fall within the category of civil servant is also under consideration. The Committee would appreciate receiving information on the amendments and the draft Act mentioned above, as soon as they are adopted, as well as information on the application of the new system of evaluation, classification of posts and establishment of wage scales.

6.  The Committee asks the Government to continue to provide information in future reports on tripartite consultation and on any other collaborative efforts undertaken to promote the application of the principle of the Convention.