Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Other comments on C100

Observation

Direct Request

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Gender wage gap. The Committee notes from the most recent statistical information provided by the Government that the gender wage gap (average annual wages) in the public sector was 31 per cent, while it was 24 per cent in the private sector. The Government also indicates that the highest gender wage gap (average wage) is in “health-care and social activities” (43 per cent in the public sector and 74 per cent in the private sector in 2008). The Committee also notes that according to the National Strategy on the Promotion of Gender Equality for the period 2009–15, vertical and horizontal gender segregation is observed in many sectors, and there are certain differences in the pay between men and women. In addition to its first implementation report of the Millennium Development Goals (MDGs), in which the Government set out concrete targets and indicators to be achieved by 2015, including the elimination of the gender pay gap (women’s pay should reach 80 per cent of that of men’s), the National Strategy on the Promotion of Gender Equality also set eradication of the gender pay gap and overcoming horizontal professional segregation as objectives. The Committee asks the Government to provide information on the measures taken to address the gender pay gap and occupational gender segregation, including in the context of the National Strategy on the Promotion of Gender Equality and the follow-up to the MDGs, and the results achieved. Noting the persistent gender wage gap in the public sector generally, as well as in “healthcare and social activities” in both the public and private sectors, the Committee also asks the Government to take proactive measures to examine and address this issue.

Measures to promote and ensure equal remuneration. The Committee recalls the “Bulgarian Trail on achieving better flexibility and security on the labour market 2009–11”, which according to the Government addresses the gender pay gap, including in the process of the determination of remuneration. In this connection, the Committee notes the Government’s indication that by the end of 2011, the minimum social security income was prescribed in the collective agreements of 50 economic activities, and internal proposals regarding the minimum social security income were also made in another 35 economic activities. The Government also indicates that the minimum social security income was to be raised by 6.9 per cent on average. The Committee asks the Government to provide detailed information on the impact of the collective agreements on the minimum social security income on reducing the gender pay gap. Noting that no information has been provided by the Government on objective job evaluation, the Committee asks the Government to take steps to promote the development and use of objective job evaluation, free from gender bias, including in the private sector, in collaboration with employers’ and workers’ organizations.

Awareness-raising activities. The Committee recalls the agreement between the Ministry of Labour and Social Policy and the Commission for Protection against Discrimination (CPD) providing for joint activities for creating the conditions to reduce and eliminate the gender pay gap. While noting the Government’s reference to the project “Progress to equality: National effective and innovative practices for prevention and fight against discrimination”, the Committee notes that no further information is provided concerning awareness-raising activities on the principle of the Convention. The Committee asks the Government to provide information on awareness-raising activities conducted, specifically with respect to the principle of equal remuneration for men and women for work of equal value.

Enforcement. The Committee notes the Government’s indication that in 2010, the second permanent specialized sitting panel of the CPD delivered 23 decisions concerning alleged discrimination, including 11 cases of alleged violation of the equal remuneration for work of equal value principle. The Committee also notes the information provided on the pay discrimination cases examined by the CPD and by the Supreme Administrative Court, in particular the follow-up on the case in which the CPD had 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 Government indicates that in this case, the parties agreed to remedy the pay differences and the remuneration of employees earning lower basic wage was increased accordingly. The Committee asks the Government to continue to provide information on any equal remuneration cases examined by the CPD and the courts, as well as by the labour inspectorate, and their outcomes.