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

Equal Remuneration Convention, 1951 (No. 100) - Republic of Moldova (Ratification: 2000)

Other comments on C100

Direct Request

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Articles 1 and 2 of the Convention. Gender wage gap and occupational segregation. The Committee notes the detailed statistics provided by the Government in its report on the average gender pay gap in the different occupations and economic activities. The data show that the gender pay gap was 12.4 per cent in 2014, which according to the Government is due to the masculinization and feminization of economic sectors, with the female-dominated sectors paying relatively lower wages. The Committee notes that women largely predominated in service sectors such as health care and social assistance, education, accommodation and food service activities, financial activities, other community services, and social and personal services, where the average monthly salaries were generally lower than the average national monthly salary of 4,089.70 Moldovan leu (MDL). Specifically, the Committee notes that the average salary of women compared to that of men in the above sectors was 89.1 per cent in health care and social assistance; 92.3 per cent in education; and 91.4 per cent in accommodation and food service activities. Greater disparities continued to exist in the financial activities sector where salaries were higher than the national monthly salary; the average monthly salary of women compared to that of men in the finance sector decreased from 85.9 per cent in 2013, to 72.9 per cent in 2014. With regard to measures taken to address occupational segregation, the Government continues to provide general information on measures taken by the National Employment Agency, including the systematic collection and publication of job vacancies and the establishment of career guidance centres. The Committee asks the Government to continue to provide statistical data, disaggregated by sex, on workers’ levels of remuneration across sectors and occupations, including in higher-level positions. It also asks the Government to take measures to reduce the gender pay gap which may be due to segregation, and provide information on the results thereof, including through studies examining the underlying causes of the gender pay gap that assess whether jobs and positions predominantly performed by women are not systematically being undervalued compared to those predominantly performed by men.

Article 1(a). Definition of remuneration. Legislation. In its previous comments, the Committee requested the Government to clarify whether the term “payment” in section 10(2)(g) of the Labour Code of 2003, and the term “wages” in section 128(2) which prohibits discrimination on the basis of sex in the payment of wages, as well as the term “remuneration” in section 7(2)(d) of Law No. 121 of 25 May 2012, on Ensuring Equality, cover all elements of remuneration as defined in Article 1(a) of the Convention. The Committee also notes the definition of wages in section 130 of the Labour Code, 2003. While taking due note of the Government’s reply that the concept of remuneration as defined under Article 1(a) of the Convention is included in the above laws, the Committee recalls that the term remuneration needs to be defined with rigour if the Convention is to be applied fully (see 2012 General Survey on the fundamental Conventions, paragraphs 686 and 689). The Committee, therefore, asks the Government to consider harmonizing the different terms used in the legislation, at the earliest opportunity, with a view to ensuring that the principle of equal pay for men and women for work of equal value covers all elements of remuneration as defined in Article 1(a) of the Convention, and to provide information on any steps taken in this regard.

Article 2(a). Work of equal value. The Committee previously noted that while section 10(3)(c) of Law No. 5-XVI of 9 February 2006, on Equal Opportunities between Men and Women, requires employers to provide equal remuneration for work of equal value, and section 11(1)(e) also prohibits employers from applying different conditions of remuneration based on sex for “work of equal value”. Section 7(2)(d) of Law No. 121 of 25 May 2012 on Ensuring Equality specifies that it is discriminatory for an employer to pay “unequal remuneration for the same type and/or amount of work”. The Committee notes with regret that Law No. 121, which was substantially amended by Law No. 71 of 14 April 2016, on Amendments and Addenda to some Legislative Acts, continues to refer to the “same type or amount of work” in section 7(2)(d), which is narrower than the principle set out in the Convention. Recalling that the concept of “work of equal value” goes beyond the same type of work, the Committee urges the Government to revise section 7(2)(d) of Law No. 121 with a view to harmonizing it with Law No. 5-XVI of 2006, on Equal Opportunities between Men and Women, so as to give full legislative expression to the principle of equal remuneration for work of equal value and to avoid any legal uncertainty when applying such a principle. The Committee also asks the Government to provide information on the practical application of section 7(2)(d) of Law No. 121, including any judicial or administrative decisions in relation to the Convention.

Article 2. Determination of wages and collective agreements. In its previous comments, the Committee has requested information on how collective agreements setting minimum wages apply the principle of the Convention. The Committee notes that the Government indicates that function salaries are established depending on qualification, level of vocational training and competence of the employee, and the degree of responsibility and complexity. At the branch level, the differentiation of salary levels reflects the economic situation of each of the branches. Considering the differences in the average earnings of men and women in the branches, sectors and occupations, the Committee recalls the existence of a tendency to set lower wages for sectors predominantly employing women and that special attention is needed in the design or adjustment of sectorial minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (see 2012 General Survey, paragraph 683). However, no information was provided on how it is ensured that collective bargaining agreements at both national and sectorial levels incorporate the principle of the Convention. The Committee asks the Government, once again, to provide information on the specific measures taken to ensure that collective agreements setting the conditions of payment in the different branches of the economy apply the principle of the Convention, and on the number of men and women who are covered by these collective agreements.

The public sector. The Committee previously requested information on measure taken to ensure that the setting of wages for different payroll levels in the public sector is free from gender bias. The Government indicates that salaries are set according to category-based salaries, of the single tariff network, consisting of 22 wage categories. The Government further adds that under section 14 of Law No. 847-XV of 14 February 2002, on Wages the lowest category must be set at or above the minimum quantum in the country. The Government further indicates that wage categories for specific functions are established by government decisions based on factors such as skill level, training and the length of working activity. The Committee notes the single tariff scale and requests the Government to provide information on the distribution of men and women under the different wage categories. The Committee further reiterates its request to the Government to provide information on how it is ensured that the setting of wages for different payroll levels is free from gender bias so that the work performed in lower payroll levels is not undervalued because it is predominantly done by women.

Article 3. Objective job evaluation. In its previous comment, the Committee had noted that objective job evaluation under Article 3 of the Convention differs from performance appraisals as applied in the non-tariff systems under the 2002, Law on Wages. The Committee, therefore, requested the Government to adopt and apply objective job evaluation methods that effectively apply the principle of the Convention. The Committee notes that the Government again refers to the application, in practice, of sections 8 and 130(2) of the Labour Code of 2003. The Committee recalls that an objective job evaluation under Article 3 of the Convention is conducted in order to give effect to the concept of “equal value” under Article 2 of the Convention, and that it is a formal method of measuring and comparing the relative value of different jobs that results in a numerical value; two jobs that are found to have the same overall numerical value are entitled to equal remuneration (see 2012 General Survey, paragraphs 695 and 700). Additionally, when comparing jobs, this method examines the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria such as skill, effort, responsibilities and working conditions. Particular care must be taken to ensure that the above examination is free from gender bias, and that the selection of factors for comparison, the weighing of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly (see 2012 General Survey, paragraphs 695 and 701). In light of this, the Committee once again asks the Government to provide information on measures taken to adopt and apply objective job evaluation methods with a view to effectively applying the principle of equal remuneration for men and women for work of equal value. The Committee reminds the Government that it may avail itself of technical assistance from the Office and invites it to seek assistance for this purpose.

Enforcement. The Committee notes the Government’s indication that a person concerned may submit claims to the state labour inspectorate and labour courts or tribunals in cases of any violations of the principles of the Convention. The Government also provides information on the various awareness-raising measures carried out: for the public; training provided to the labour inspectorate; and consultative assistance provided to the social partners by the labour inspectorate regarding general information on the enforcement of labour law. The Committee notes, however, the Government’s indication that there were no complaints submitted to the state labour inspectorate or to the court system which relate to the principle of the Convention. The Committee requests the Government to indicate any steps taken or envisaged to raise awareness specifically regarding the principle of equal remuneration for men and women for work of equal value, including the relevant legislation and complaints procedures, among workers and employers and their organizations. It also requests the Government to continue to provide information on the number, nature and outcome of any cases in relation to the principle of the Convention.