Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the observations from the trade union Lietuvos Darbo Federacija (LDF) dated 31 August 2004, which have been sent to the Government for comment. It will consider these observations together with the Government’s next report and any observation the Government may make in reply.

1. Articles 1 and 2 of the Convention. Application in law. The Committee notes that section 186(2) of the new Labour Code (Act. No. IX-926 of 4 June 2002) which entered into force on 1 January 2003 defines remuneration broadly, in accordance with Article 1(a) of the Convention, and that section 186(3) states that men and women shall receive "equal pay for equal or equivalent work". The Committee asks the Government to provide clarification as to whether the expression "equal pay for equal or equivalent work" is to be understood as "work of equal value", within the meaning of Article 1(b) of the Convention and as stated in section 5(4) of the Act on Equal Opportunities (No. VIII-947 of 1998, as amended, by Act No. IX-1433 of 3 April 2003).

2. Setting of wages. The Committee notes the Government’s statement that, under the terms of section 188(1) and (2) of the Labour Code, wages are determined in collective agreements and employment contracts, and that under section 4(4) any agreement less favourable than stated in the Labour Code is null and void. The Committee requests the Government to provide examples with its next report of collective agreements setting out the principle of equal remuneration for work of equal value.

3. Recalling its previous comment concerning remuneration in the public sector, the Committee reiterates its request to the Government to provide copies of resolution No. 1159 confirming the procedure for the allocation of additional pay for public servants and resolution No. 1158 implementing the system of remuneration for public servants. Finally, the Committee notes the Government’s statement that remuneration for workers in institutions and organizations financed by the state budget or municipal budgets is regulated in specially adopted resolutions. Please provide examples of such resolutions to enable the Committee to examine how the principle of equal remuneration for work of equal value is ensured for workers in institutions and organizations financed by the state or municipal budgets.

4. Basic concepts and application in practice. The Committee notes the Government’s statement that most of the complaints regarding alleged violations of the principle of equal remuneration lodged with the Office of Equal Opportunities Ombudsmen were groundless as in most cases men and women had different remuneration because they were not performing the same type of work. In this regard, the Committee is bound to point out that the principle of "equal value" covers situations where men and women in fact perform jobs that are different, but are of equal value. The Committee hopes that the bodies competent to deal with cases concerning pay discrimination take fully into account the principle of the Convention which requires that comparisons of jobs performed by men and women are based on the value of the work performed. The Government is asked to continue to provide information on judicial and administrative decisions applying the Convention.

5. Article 3. Objective job appraisals. The Committee notes that section 188(3) of the new Labour Code provides that work classification systems must be developed in such a way as to avoid discrimination on the ground of sex. In this respect, the Committee notes the Government’s statement that a standard methodology for objective job appraisals is currently being prepared and that the methodology was to be presented in a seminar in November 2004. The Committee requests the Government to provide information on the outcome of this initiative and how the methodology for the objective appraisal of jobs is applied in practice in order to ensure observance of the principle of equal remuneration for work of equal value.

6. Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the Tripartite Cooperation Agreement between the Government, trade unions and employers’ organizations signed on 29 May 2002, and that the Government approved by resolution No. 67 on 21 January 2003 a "social partnership development programme". The Committee requests the Government to provide a copy of this development programme and to indicate how this initiative promotes cooperation with these organizations for giving effect to the principle of equal remuneration for work of equal value.

7. Part III of the report form. Labour inspection. The Committee notes that, under section 32 of the new Labour Code, the application of the Convention is ensured by the state labour inspectorate and other institutions. The Committee notes that in 2003, a total of 10,377 inspections were carried out and 3,505 irregularities were observed, though none of them concerned the principle of equal remuneration for work of equal value. The Committee asks the Government to continue providing information in future reports on the activities carried out and the methods used by the state labour inspectorate to promote and ensure compliance with the principle of equal remuneration for men and women workers for work of equal value. Please also indicate whether labour inspectors received training on the equal remuneration principle.

8. Part V of the report form. Statistical information. The Committee notes from the statistical information provided by the Government that the average wage received in the private sector by women in 2003 was 19 per cent lower than the average wage for men, and that in 2004 women earned 19.4 per cent less than men. In 2003, women earned on average 32.8 per cent less in the public sector than men, while the gender pay gap in that sector increased to 33.7 per cent in 2004. The Committee notes the Government’s statement that the gender wage gap has its roots in many factors, including the employment structure, the distribution of men and women workers by types of economic activity and employment category, the composition of occupations and the level of qualifications. The Committee notes the Government’s statement that in August 2004 the Department of Statistics was to publish statistical information disaggregated by sex, occupations, level of education, age and work record and asks the Government to provide a copy of these statistics with its next report. Please continue to provide information on any measures taken to address the causes of the gender pay gap.