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

Gender wage gap and occupational segregation. The Committee once again notes from the statistical information provided by the Government that the labour market continues to be characterized by wage inequalities between men and women. In 2009, women’s monthly salary was 23.6 per cent less than men’s salary, and wage disparities between men and women particularly affected some sectors, such as hotels and restaurants, health care and social assistance, financial activities and public administration. The Committee also underlines the persistence of occupational segregation in the labour market, with women being overrepresented in services sectors (68 per cent to 81 per cent of all employees in the sector) and agriculture (34 per cent), which are particularly affected by informal employment. In this regard, the Committee also refers to the indication provided by the Government in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that women predominate in some sectors where the salaries tend to be lower in comparison with sectors where men predominate; women are overrepresented in low-ranking public positions; and men have more employment opportunities than women as highly skilled workers. The Committee, furthermore, draws the Government’s attention to the Decent Work Country Programme 2008–11 indicating the lack of awareness and clear understanding of the concepts of gender equality by governmental officials, politicians, as well as civil society; and, in this regard, stresses the importance of taking specific measures to promote the application of the Convention. The Committee asks the Government to provide information on the measures taken or envisaged to address the gender wage gap and occupational segregation, including any measures undertaken under the new National Programme for Ensuring Gender Equality (2010–15), and the Action Plan
(2008–11) of the National Employment Agency. The Committee further asks the Government to indicate whether any measures are envisaged to promote the application of the principle of equal remuneration for men and women for work of equal value, including studies or surveys, as well as information campaigns about the principle of the Convention. Please also continue to provide statistical information, disaggregated by sex, on workers’ levels of remuneration in the different sectors of economic activities and occupations, including in higher level positions.

Article 1 and 2(2)(a), of the Convention. Application of the principle of equal remuneration through laws and regulations. The Committee notes that the Government’s report contains no information in reply to the Committee’s comments on this issue. The Committee, therefore, reiterates its request to 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. The Committee, furthermore, asks the Government to provide information on any judicial or administrative cases involving the abovementioned provisions of Act No. 5-XVI of 2006, and sections 8 and 10(2)(g) of the Labour Code, related to the principle of the Convention.

Articles 2 and 4. Minimum wages and cooperation with the social partners. The Committee notes from the Labour Code that the minimum wage is obligatory for all employers and that it cannot be reduced either by collective or individual labour contracts (section 131(4)). The Committee further notes that the minimum monthly wage is established by the Government after consulting the social partners, and is particularly determined on the basis of concrete economic conditions, inflation and other social and economic factors (section 132). The Committee also notes the Government’s indication that the remuneration of some “staff categories” should be established on the basis of qualification, training level, employee’s competence, responsibility and complexity of the work. The Committee asks the Government to indicate how it ensures that remuneration established through wage-fixing mechanisms, including minimum wages, is determined in accordance with the principle of equal remuneration for men and women for work of equal value. Please also provide copies of the legislation or regulations setting minimum wages, including at branch level and for certain categories of workers, and supply examples of collective agreements indicating the manner in which they apply the principle of the Convention, as well as an indication of the number of men and women covered by these collective agreements and being paid minimum wages.

Article 3. Objective job evaluation. The Committee notes that, pursuant to section 128(2) of the Labour Code, discrimination is prohibited, particularly on the basis of sex “at the establishment of the size and payment of wages”. In this connection, the Committee also notes that the employee’s remuneration may depend on the labour demand, quantity, quality and complexity of work, working conditions and professional skills (section 130(2) of the Labour Code). The Committee asks the Government to provide information on the application of sections 128 and 130 of the Labour Code, and to indicate how it promotes 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.

Enforcement. The Committee notes with regret that the Government again provides no information on the enforcement of the principle of the Convention, and is bound to recall its 2006 general observation underlining the important role of judges and labour inspectors in ensuring the application of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to take steps to ensure the effective application of the principle of equal remuneration for men and women for work of equal value, including measures to strengthen the capacity of the relevant authorities to detect and address violations of the principle of the Convention, and measures to raise awareness of the provisions of the Convention, as well as relevant legislation, and the procedures and remedies available. Please also provide information on any judicial decisions or cases dealt with by the labour inspectors on the principle of the Convention.