Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Assessment of the gender wage gap. The Committee notes from the statistical information provided by the Government that the differentials in men’s and women’s monthly salary decreased from 31.9 per cent in 2006 to 27.4 in 2007. The Committee notes the Government’s indication that such disparities are not the result of direct discrimination based on sex, but are rather due to the fact that women hold less well remunerated jobs. The information provided under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) indicates that women represent the majority of workers in hotels and restaurants (59.17 per cent in 2007) and in the public administration, education and health (70.29 per cent). The Committee notes that the remuneration in these sectors is lower than the average. The Committee also notes that the wage gap between men and women in 2007 was 28.5 per cent in the hotels and restaurants sector, 18 per cent in the education sector and 26.6 per cent in health and social services. The Committee further notes that in 2007 women represented 39.8 per cent of manager and senior officials, slightly increasing from 38.9 per cent in 2006.

The Committee notes that, under the National Plan for Promoting Gender Equality (2006–09), various measures were taken to promote equality of opportunity and treatment between men and women in respect of access to employment and occupation. It also notes that the Commission for Gender Equality, which is involved in the implementation of the Plan, has been restructured and that its focus is now on strengthening the Government’s capacity to promote gender equality in national policies. The Committee further notes that a study on the situation of women in the labour market was carried out to identify the causes of gender discrimination and make appropriate recommendations, which were taken on board in the Action Plan (2008–11) of the National Employment Agency. The Committee asks the Government to provide information on the following:

(i) the impact of the measures taken under the National Plan for Promoting Gender Equality (2006–09) on reducing remuneration disparities between men and women;

(ii) the measures adopted under the Action Plan (2008–11) of the National Employment Agency to promote the application of the principle of the Convention and to address the causes of gender inequalities in remuneration;

(iii) statistical information, disaggregated by sex, on workers’ levels of remuneration in the different sectors of economic activities and occupations, including in higher level positions.

Articles 1 and 2 paragraph 2(a), of the Convention. Application of the principle of equal remuneration in law. In the absence of the information previously requested, the Committee again asks the Government to provide information on the application of sections 10(3)(c) and 11(1)(e) of Act No. 5-XVI of 2006 and to clarify whether the term “payments” in section 10(2)(g) of the Labour Code covers all elements of remuneration as defined in Article 1(a) of the Convention.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee again asks the Government to supply information on any activities carried out in cooperation with the social partners to give effect to the principle of the Convention. Please also indicate to what extent the principle of equal remuneration between men and women for work of equal value is taken into account in the context of collective bargaining.

Enforcement. The Committee notes that no information is provided concerning cases of pay discrimination lodged with national courts or dealt with by labour inspectors. The Committee recalls that the lack of cases concerning discrimination in remuneration may be the consequence of an insufficient awareness or understanding of the principle of equal remuneration for work of equal value among the public, the social partners or the officials responsible for enforcement. The Committee asks the Government to indicate the specific measures taken or envisaged to strengthen the capacity of the relevant government institutions to promote and ensure the effective application of the principle of equal remuneration for work of equal value. Such measures could include raising public awareness on the provisions of the Convention and the relevant legislation, and providing specific training to relevant public officials on how to detect and deal with violations of the principle of equal remuneration.