Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Equal Remuneration Convention, 1951 (No. 100) - Estonia (Ratification: 1996)

Other comments on C100

Direct Request

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Articles 1 and 2 of the Convention. Gender pay gap. Measures to promote equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication in its report that the gap between gross hourly wages and salaries of women and men has increased from 22.9 per cent in 2011, to 24.8 per cent in 2013. It notes that in 2013, the largest gap could be found in financial and insurance activities (41.8 per cent) and that it was more than 30 per cent in mining and quarrying, wholesale and retail trade, manufacturing, and information and communication. The smallest gap (-0.2 per cent in favour of women) could be found in transportation and storage, but it was still over 10 per cent in favour of men in agriculture, forestry, fishing, public administration, and compulsory social security. The Government indicates that the Action Plan for Reducing the Gender Pay Gap, approved in 2012, aims at improving the implementation of the Gender Equality Act and possibilities for reconciling work and family, promoting gender mainstreaming, reducing gender segregation and analysing pay systems in the public sector. The Committee notes the various activities carried out under the Promoting Gender Equality 2011–13, Programme and the Gender Equality and Work–Life Balance Programme, including a project aimed at developing a new concept for gathering and analysing gender pay gap statistics by Statistics Estonia. It also notes that the Ministry of Social Affairs was given the task of developing an action plan in the areas of social security, inclusion and equal opportunities for 2016–23, which is also expected to target the causes of the gender pay gap, and which was to be approved in November 2015. The Committee welcomes the measures taken to promote equal remuneration but notes that the gender pay gap remains high and emphasizes the importance of reviewing the measures taken and evaluating their impact on the gender pay gap. The Committee asks the Government to increase its efforts to reduce the gender pay gap, and to provide information on specific measures taken, and results achieved, to this end under the Action Plan for Reducing the Gender Pay Gap and the Action Plan in the areas of social security, inclusion and equal opportunities, as well as under the Gender Equality and Work–Life Balance Programme. The Committee specifically requests information on the progress made towards improving gender pay gap statistics and on the impact of the programme implemented by the Gender Equality and Equal Treatment Commissioner on the practical application of the principle of equal pay for work of equal value.

Article 2. Collective agreements and the role of the social partners. The Committee previously noted that the number of employees covered by collective agreements is low, that agreements do not contain specific provisions on equal pay and that the determination of wages is often made through individual negotiations. It further notes the Government’s indication that collective agreements must be registered in the Estonian Collective Agreements Register and that currently, there are 43 collective agreements that include provisions on equal treatment of employees and prohibition of discrimination, without indicating whether these concern equal pay. The Government also indicates that the Network for Promoting Gender Equality in Working Life has been inactive during the reporting period. Reiterating the important role that the social partners can play in addressing the gender remuneration gap, the Committee asks the Government to take measures to promote effectively the principle of equal remuneration for men and women for work of equal value among workers and employers and their organizations. The Committee asks the Government to provide information on any steps taken, in cooperation with the social partners, towards including equal remuneration clauses in collective agreements.

Equal pay audits. The Committee notes that according to Article 11(2) of the Gender Equality Act “an employer shall collect sex-disaggregated statistical data concerning employment that allow, if necessary, the relevant institutions to monitor and assess whether the principle of equal treatment is complied with in employment relationships”. The Committee welcomes and encourages measures requiring information on pay differentials as a means of ensuring transparency, monitoring the pay gap, and as a basis for remedial actions, including through the development of a plan addressing equal pay (see 2012 General Survey on the fundamental Conventions, paragraph 723). The Committee asks the Government to provide information on the practical application of Article 11(2) of the Gender Equality Act, including whether gender disaggregated pay data is included in the reporting obligation, the level of compliance with the obligation by employers and how the information is used by the relevant institutions, including the Gender Equality and Equal Treatment Commissioner in performing their mandate to monitor compliance with the Gender Equality Act.

Enforcement. The Committee notes from the Government’s report that the number of complaints submitted to the Gender Equality and Equal Treatment Commissioner has more or less remained the same. In 2014, three complaints were made to the Commissioner related to equal pay. Two complaints concerned situations where a woman returning from childcare leave was either offered a lower post and pay or denied upgrading of her post, although entitled to it. The Committee notes the project carried out during 2013–15, by the Gender Equality and Equal Treatment Commissioner aimed at raising awareness and helping victims of discrimination directly through litigation as well as increasing the capacity of officials assisting discrimination victims. The Government also indicates that widening the mandate of the labour inspectorate to include inspection of observance of the principle of equal pay by employers is on the Government’s agenda and that the relevant draft is expected to be finalized in May 2016. The Committee asks the Government to indicate if the reasons for the low number of equal pay complaints have been investigated and provide information on any measures taken in this respect, as well as of the outcome of the project by the Gender Equality and Equal Treatment Commissioner on improving legal protection. It also requests information on any steps taken to widen the mandate of the labour inspectorate to include inspection of observance of the principle of equal pay by employers. The Committee asks the Government to continue providing information on complaints submitted to the Gender Equality and Equal Treatment Commissioner, or the labour dispute committees. It also requests the Government to continue providing detailed information on the existing jurisprudence concerning the equal pay provisions in the Gender Equality Act, including how work of equal value is assessed.