Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Legislative developments. The Committee understands from the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) that significant amendments have been made to the Labour Law of 2001, including relating to non-discrimination and enforcement. The Committee requests the Government to forward a copy of the amendments, and to indicate those provisions of particular relevance to the implementation of the Convention.

Gender wage gap and occupational segregation. The Committee notes from the quarterly statistical information provided by the Government that in 2010 the gender wage gap was approximately 22.3 per cent in the public sector and 18 per cent in the private sector. In this connection, the Committee recalls that the Government previously indicated that the wage disparity was mainly due to occupational segregation, with women being concentrated in low-paid sectors, and difficulties faced by women in accessing supervisory and managerial positions. The Committee, furthermore, notes that the Government refers to information provided by the Free Trade Union Confederation of Latvia (LBAS) indicating that inequality is the most pronounced for women in the most poorly remunerated jobs, and that the disparities in remuneration in these jobs have been exacerbated by the economic crisis. The Committee again urges the Government to take the necessary steps to reduce the gender wage gap in the public and private sectors, including taking measures to improve women’s access to a wider range of jobs and positions, including supervisory and management positions. The Committee also asks the Government to provide updated statistical information on the distribution of men and women in the various economic sectors, occupational categories and positions, as well as their corresponding earnings.

Article 2. Application by means of legislation. Public service. The Committee notes the adoption of Cabinet Regulations No. 1651 of 22 December 2009 which according to the Government replaces Cabinet Regulations No. 995 of 20 December 2005, and regulates the determination of monthly salaries, additional payments and bonuses for employees and officials of state institutions of direct administration. The Committee also notes that the Law on Remuneration of Officials and Employees of State and Self-government Institutions came into force on 1 January 2010. The Committee asks the Government to indicate how it ensures that the determination of remuneration in the public service is free from gender bias, and that men and women receive equal remuneration when performing work of equal value. The Committee asks the Government to provide details of the provisions of Cabinet Regulation No. 1651 and the Law on Remuneration of Officials and Employees of State and Self-government Institutions which are relevant to the principle of the Convention. Please also supply statistical information on the distribution of men and women in the various professional groups covered by the Law and the Cabinet Regulation, and their remuneration.

Article 2(2)(c). Application by means of collective agreements. The Committee notes the Government’s indication that issues of unequal remuneration occur more rarely at workplaces covered by a collective agreement, since pursuant to collective agreements, an employer has to ensure equal remuneration for an “equal amount of work”. In this regard, the Committee recalls that the principle of equal remuneration for men and women for work of equal value encompasses not only equal work or an equal amount of work, but also includes work that is of an entirely different nature, but which is nevertheless of equal value. The Committee asks the Government, in cooperation with the social partners, to promote the inclusion of the principle of equal remuneration for men and women for work of equal value in collective agreements, and to provide information in this regard, including examples of collective agreements that address the principle of the Convention.

Article 3. Objective job evaluation. In the absence of specific information on this point, the Committee draws the Government’s attention to the importance of the use of objective job evaluation methods in effectively applying the principle of equal remuneration for men and women for work of equal value, since in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. The Committee refers the Government to its 2006 general observation, which highlights that the analytical methods of job evaluation have been found to be the most effective for the purpose of ensuring gender equality in the determination of remuneration. Such methods analyse and classify jobs on the basis of objective factors relating to the jobs to be compared such as skill, effort, and responsibilities or working conditions (see paragraph 141 of the 1986 General Survey on equal remuneration). The Committee asks the Government, in cooperation with workers’ and employers’ organizations, to promote, develop and implement practical approaches and methods for the objective evaluation of jobs with a view to effectively applying the principle of equal remuneration for men and women for work of equal value in the public and private sectors, and to provide information on steps taken in this regard.

Article 4. Cooperation with social partners. The Committee notes that the Gender Equality Committee, which replaced the Gender Equality Council, was established in May 2010 in order to promote the implementation, monitoring and improvement of the gender equality policy, and is composed of representatives of the State, the social partners and non-governmental organizations. The Committee asks the Government to indicate whether the Gender Equality Committee promotes the application of the principle of equal remuneration for men and women for work of equal value, and to provide information on any initiatives taken or envisaged in this regard.

Enforcement. The Committee notes the creation of a system of submission of data which provides statistics on cases examined by the State Labour Inspectorate (SLI). The Committee notes the information provided by the Government regarding complaints of discrimination addressed by the labour inspectorate and the Office of the Ombudsperson, very few of which dealt with the issue of equal remuneration. The Committee asks the Government to take the necessary steps to strengthen the capacity of labour inspectors to detect and address violations of the principle of equal remuneration for men and women for work of equal value, including awareness-raising activities, and to provide information in this regard. The Committee also asks the Government to indicate whether any measures have been taken or envisaged to raise awareness of workers, employers and their organizations of the principle of the Convention and the available avenues of redress. Please continue to provide information on the number, nature and outcome of complaints of equal remuneration addressed by the judicial and administrative bodies.