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

Equal Remuneration Convention, 1951 (No. 100) - Russian Federation (Ratification: 1956)

Other comments on C100

Observation

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Application in practice. The Committee notes the Government’s indication that article 19(3) of the Constitution provides for men and women to enjoy “equal rights and freedoms and equal opportunities”. The Committee also notes that, pursuant to article 37(3), everyone shall receive “remuneration for labour without any discrimination whatsoever and not below the minimum wage established by federal law”. The Committee further recalls that, pursuant to section 3 of the Labour Code (Federal Law No. 197-FZ of 2001), everyone shall have equal opportunities in realizing their labour rights and may not be subject to restrictions with regard to these rights or receive any advantages on the grounds of sex in particular; and that, under section 22, the employer shall ensure equal payment to employees for work of equal value. While noting the relevant legal provisions, the Committee remains concerned about the application of these principles in practice particularly in light of the level of women’s earnings in comparison with men’s. Indeed, the Committee notes from the statistical information provided by the Government the existence of a wide gender wage gap, with the average wages of women amounting in 2009 to 65.3 per cent of those of men. In addition, the Committee notes the deep concern expressed by the United Nations Committee on the Elimination of all Forms of Discrimination Against Women (CEDAW), in its concluding observations, concerning the deterioration of the situation of women in employment, and noting, in particular, that they represent the overwhelming majority of workers in lower level and low-paid jobs in the public sector, that they face discrimination in the private sector, and that their share of high-paid jobs in that sector is low (CEDAW/C/USR/CO/7, 16 August 2010, paragraph 36). According to the report submitted by the Government to CEDAW, hidden discrimination against women and their vertical and horizontal segregation remain serious problems in the economic sphere (CEDAW/C/USR/7, 9 March 2009, paragraph 75). The Committee recalls that stereotypical attitudes regarding the roles of women and men in society result in occupational segregation as well as gender-biased undervaluation of the work performed by women. In order to address such occupational segregation and differences of remuneration between men and women in employment, the Committee refers the Government to its 2006 general observation and to the importance of promoting objective and analytical methods for the evaluation of jobs and to cooperate with workers’ and employers’ organizations to promote the application of the principle of equal remuneration for men and women for work of equal value. The Committee further notes the Government’s indication that a special task force on gender equality was established in 2010 in the Ministry of Public Health and Social Development. The Government indicates that the participation of social partners is planned and that issues relating to equal pay for work of equal value will be discussed. The Committee asks the Government as follows:

(i) to provide information on the measures taken by the special task force on gender equality with a view to promoting and ensuring equal remuneration for men and women for work of equal value;
(ii) to take steps to address occupational segregation and the inequalities in remuneration existing in practice between men and women, including specific measures to address stereotypical attitudes with a view to reducing inequalities in remuneration, and to continue to seek the cooperation of the social partners in this regard;
(iii) to provide information on measures taken to promote the development and use of objective job evaluation methods.

Enforcement. The Committee notes the absence of information concerning equal remuneration cases dealt with by the competent administrative and judicial authorities. In this regard, it stresses that the lack of court cases regarding equal remuneration or wage discrimination is likely to indicate a lack of awareness of or access to the rights and procedures and of the existing remedies under the law, or fear of reprisals. The Committee, therefore, asks the Government to take appropriate measures to raise public awareness of the relevant legislation, the procedures and remedies available related to the principle of the Convention. It also asks the Government to consider providing specific training on the principle of equal remuneration for men and women for work of equal value to judges, labour inspectors and other relevant public officials. Please continue to provide information on equal pay cases dealt with by the competent administrative and judicial authorities.