Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Equal Remuneration Convention, 1951 (No. 100) - Bulgaria (Ratification: 1955)

Other comments on C100

Observation

Direct Request

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Legislative developments. Definition of remuneration. The Committee welcomes the amendment of the Protection against Discrimination Act in 2008 resulting in the principle of equal remuneration for work of equal value applying now to all remuneration notwithstanding the length of the employment contract or the hours of work (section 14(2)), and providing that the remuneration of an employee or worker returning from maternity leave or childcare leave (section 14(4)) must be indexed at the same rate as the one applied to the other workers. The Committee asks the Government to continue to provide information on any legislative development regarding the principle of equal remuneration between men and women for work of equal value.

Assessment and analysis of the gender pay gap. The Committee notes from the statistical information provided by the Government that between 2005 and 2009, the gender wage gap (average annual wages) in the public sector increased significantly from 23.1 per cent to 35 per cent, while it decreased during the same period from 20.6 per cent to 19 per cent in the private sector. The Government indicates further that the highest wage gap (average wage) is in “healthcare and social activities” (48 per cent in the public sector and 82 per cent in the private sector) and the smallest gap is found in “professional activity and scientific research” (7 per cent in the public sector and 5 per cent in the private sector). According to EUROSTAT data, the gender pay gap calculated on the basis of average gross hourly earnings was 15.3 per cent in 2009. The Committee notes the Government’s indication that, pursuant to section 247 of the Labour Code, different remuneration systems are applied and remuneration depends on elements such as the hours of work and the amount of work. The Government reiterates that discrimination in remuneration between men and women does not exist in Bulgaria, as differences in remuneration result from other factors (structure of staff with women being concentrated in certain sectors, low level of education, level of stress, etc.). The Committee points out that historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences, capabilities and “suitability” for certain jobs, have contributed to occupational sex segregation in the labour market. As a result, certain jobs are held predominantly or exclusively by women and others by men. These views and attitudes also tend to result, when determining wage rates, in the undervaluation of “female jobs” in comparison with those of men who are performing different work and using different skills. The Committee asks the Government to take measures, such as studies or surveys on gender differences in remuneration in the private and public sectors, to examine the underlying causes of the gender wage gap, including whether jobs and positions predominantly performed by women are not systematically being undervalued compared to those predominantly performed by men. In addition, noting the significant increase in the gender pay gap in the public sector, the Committee asks the Government to indicate what measures have been taken or envisaged to examine and address this issue.

Measures to ensure and promote equal remuneration. The Committee notes the adoption of the “Bulgarian Trail on achieving better flexibility and security on the labour market 2009–2011”, which according to the Government addresses the issue of equal remuneration through active employment policy measures, measures for lifelong learning, measures introducing flexible forms of employment, and the “improvement of the mechanism for negotiating labour remuneration as a result of the actions of the social partners on the analysis of the price of labour in branches/sectors and regions”. The Committee asks the Government to provide information on any measures taken within this framework to address the gender pay gap, including in the process of the determination of remuneration and in particular in economic sectors where it is particularly pronounced. The Committee reiterates its request for information on any measures taken or envisaged to promote the use and development of methods for the objective evaluation of jobs, free from gender bias, particularly in the private sector, in collaboration with employers’ and workers’ organizations.

Awareness raising and enforcement. The Committee welcomes the conclusion of an agreement between the Ministry of Labour and Social Policy and the Commission for Protection against Discrimination (CPD) providing for joint activities with a view to creating the conditions to reduce and eliminate disparities in remuneration between men and women. The Committee notes that regional seminars and a national conference have been conducted within the framework of the agreement, with the participation of the social partners, local authorities and non-governmental organizations. The Committee also notes the information provided on the pay discrimination cases examined by the CPD, in particular the decision in which the Commission recommended the inclusion in the collective agreement of an explicit clause ensuring observance of the principle of equal remuneration in accordance with section 14(1) and (2) of the Protection against Discrimination Act. The Committee asks the Government to continue to provide information on awareness-raising activities conducted, including the joint activities carried out by the Ministry of Labour and Social Policy and the CPD, with respect to equal remuneration for men and women for work of equal value and on any equal pay cases examined by the CPD and their outcomes. In this respect, the Government is asked to indicate the measures taken following the decision of the CPD regarding the inclusion of the principle of equal remuneration in collective agreements. The Committee reiterates its request for information on whether the labour inspectorate and the courts have dealt with any cases concerning the Convention’s principle.