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

Assessment and analysis of the gender pay gap. The Committee notes that, according the Government’s report, the gender pay gap has increased from 7.5 per cent in 2007 to 9.8 per cent in 2008 (on the basis of average gross hourly earnings). According to the report entitled “Employment in Poland in 2007” mentioned by the Government in its report, in 2006, monthly earnings of women (on the basis of full-time employment) were on average 18 per cent lower than men’s. The Committee welcomes the analysis of the causes for the gaps in remuneration between men and women provided in the 2007 employment report. This analysis shows that remuneration gaps are due to differences pertaining to the characteristics of the job holder, such as his or her level of education or professional experience, for a small part to “observable” and “non-observable” characteristics affecting the worker’s productivity (age, seniority, motivation and effort), to the characteristics of the workplace (sector, profession, size of the enterprise) and gender discrimination. In addition, with respect to the wider remuneration gap concerning managerial posts, the report underlines that it is largely due to the underrepresentation of women in these higher paid positions. The report emphasizes the difficulty in establishing the extent to which the remuneration gaps are gender discrimination. While noting this information, the Committee observes that the Government’s report contains no information in reply to its previous request regarding measures taken to address such remuneration gaps. The Committee once again asks the Government to provide information on any measures taken to reduce and close the widening gender remuneration gap both in the private and public sectors, including measures to address occupational segregation between men and women on the labour market and to promote women’s opportunities for career development and access to a wider range of jobs and educational and vocational paths. The Committee asks the Government to continue to provide detailed statistical information on the earnings of men and women, as well as any available studies and reports on the gender pay gap and its evolution.

Articles 1 and 2 of the Convention. Work of equal value. Legislation. The Committee notes the Government’s indication that under article 183c, paragraph 3, of the Labour Code, work of equal value is work the performance of which requires from the workers comparable professional qualifications (established by diplomas or professional experience) as well as comparable responsibilities and effort. Further to the information provided by the Government on the case law relating to the comparability of work in different posts, the Committee would like to recall that the Convention does not limit the application of the principle of equal remuneration to the same enterprise. It considers that the mere fact that there is no comparator available within the enterprise should not relieve the employer from the obligation to determine levels of remuneration free from discrimination based on sex. The Committee asks the Government to indicate how men and women are protected from discrimination in respect of remuneration if no real or hypothetical comparator is available within the enterprise.

Article 3.  Objective job evaluation. According to the Government’s report, under the Labour Code, job evaluation is the responsibility of each employer. While noting the Government’s indication that job evaluation can be used by the employer as a defence to an equal pay claim, the Committee asks the Government to take steps to promote the use of objective job evaluation methods in the determination and assessment of remuneration. Please provide information on any measures taken in this respect.

Enforcement. The Committee notes the information provided by the Government regarding the enforcement of labour legislation concerning the payment of remuneration by the Labour Inspectorate. The Committee notes however that this information does not include data on any infringement of the right to equal remuneration for work of equal value. It further notes the Government’s indication that labour inspectors do not have the right to represent the complainants or to be witnesses before the courts. The Committee asks the Government to provide information on the activities of the Labour Inspectorate as regards specifically the enforcement of the principle of the Convention, including information on cases identified, claims received, remedies provided and sanctions imposed.

The Committee notes the information provided by the Government on the cases relating to equality of remuneration decided by the Supreme Court between 2006 and 2008. Please continue to provide information on the evolving case law on equal remuneration for men and women for work of equal value, including indications on the number of such cases being brought.