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

Equal Remuneration Convention, 1951 (No. 100) - Armenia (Ratification: 1994)

Other comments on C100

Observation

Direct Request

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Articles 1 and 2 of the Convention. Gender pay gap. The Committee welcomes the statistics provided by the Government on the average monthly wage by economic sector, and notes that in all economic sectors, the average monthly wages of women are lower than those of men. The Committee also notes that, according to the 2014 Report on Men and Women in Armenia of the National Statistical Service, women’s average monthly wage represented 91.4 per cent of men’s in agriculture in the period 2012–13; 80.8 per cent in education; 65 per cent in health care and social services; 66.2 per cent in manufacturing; and 59.9 per cent in financial and insurance activities. The Committee further notes that, there were 607,500 employed men and 556,300 women; and 101,900 unemployed men and 122,700 women. The Committee notes, however, that the Government does not provide information in relation to specific measures taken to address the gender pay gap. The Committee once again asks the Government to provide information on the measures taken or envisaged to reduce the persistent gender pay gap in all sectors of the economy, including measures taken to address its underlying causes such as vertical and horizontal occupational gender segregation. The Committee also asks the Government to continue to provide updated statistical information on the earnings of men and women disaggregated by sex, economic activity and occupation in the public and private sectors in order to assess the progress made in reducing the pay gap.

Articles 2 and 4. Determination of minimum wage rates, collective agreements and cooperation with workers’ and employers’ organizations. In its previous comments, the Committee asked the Government to take measures to ensure that the principle of the Convention is taken into account in the minimum wage fixing process, and to provide information on any developments, with respect to wage policy, minimum wages and remuneration in the public service. It encouraged the Government to organize awareness-raising activities on the principle of the Convention among members of the Republican Tripartite Commission, and workers’ and employers’ organizations. The Committee notes that the Government indicates in its report that according to the 2015 Workplan of the Ministry of Labour and Social Affairs, a draft Act on the establishment of the methodology of determining the minimum wage was going to be prepared and discussed with the social partners. The Government refers to the adoption of the Action Plan for the gradual increase of the minimum wage in 2013, which provides for an increase of the minimum wage from 45,000 Armenian drams (AMD) in 2013 to AMD50,000 in 2014. In this regard, the Government indicates that as a result of the increased minimum wage, the gender pay gap related to the extensive participation of women in low-paying sectors and in low-ranking positions may be reduced. In relation to the awareness-raising activities relating to the concept of “work of equal value” among social partners, the Committee notes the Government’s indication that a collective agreement on further cooperation was being prepared, which foresaw for the adoption of measures directed at raising awareness about the concept of “equivalent work”. The Committee recalls that the concept of “equivalent work” is narrower than the principle set out in the Convention. The Committee asks the Government to ensure that the draft Act on the establishment of the methodology for determining the minimum wage once adopted takes into account the principle of the Convention and in particular, that rates for female-dominated occupations are not set below the level of rates for male-dominated occupations involving work of equal value. It also asks the Government to continue to provide information on any developments, in cooperation with workers’ and employers’ organizations, with respect to wage policy, minimum wages and remuneration in the public service. It encourages the Government to organize awareness-raising activities to promote the principle of the Convention, in particular, the concept of “work of equal value” among members of the Republican Tripartite Commission, as well as workers’ and employers’ organizations.

Application of the principle in the public sector. In its previous comments, the Committee asked the Government to indicate how it is ensured that the criteria used to determine the remuneration scales in the public administration are free from gender bias and that male and female civil servants have access to additional payments on an equal footing. It also asked the Government to take steps so that the principle of the Convention is included explicitly in the Law on the Public Service of 26 May 2011. The Committee notes from the statistics provided by the Government that 58.1 per cent of the workers in the public sector were men and 41.9 per cent women in 2013; and that the number of women in management positions in the public sector was very limited compared to the number of men. The Committee further notes the Government’s indication that Law No. HO-157-N of 12 December 2013 on Remuneration of Persons Holding Public Office, as amended on 1 December 2014, provides that “community officers occupying positions of the same community service of the relevant staff have a right to equal wage rate” (section 27). The Committee recalls that the fact that a system of remuneration is based on a classification of jobs established by law and does not formally distinguish between men and women, does not prevent indirect discrimination. Discrimination can occur when access for men and women to additional payments is unequal for work of equal value or it can be due to the manner in which the classification of jobs itself was established, the tasks performed mainly by women often being undervalued in comparison to the tasks traditionally performed by men. Finally, the Committee notes that the Government does not provide information in relation to the inclusion of the principle of the Convention in the Law on the Public Service. The Committee once again asks the Government to indicate how it is ensured that the criteria used to determine the remuneration scales in the public administration are free from gender bias and that male and female civil servants have access to additional payments on an equal footing. It also once again asks the Government to take steps so that the principle of the Convention is included explicitly in the Law on the Public Service of 2011. The Committee asks the Government to continue to provide data, disaggregated by sex, on the distribution of men and women in the various categories and positions of the civil service with their corresponding levels of earnings.

Article 3. Objective job evaluation. The Committee recalls its comments relating to the use of objective job evaluation methods, and the role of the social partners in promoting, developing and implementing such methods. Regarding the job evaluation in the framework of the reform of the public service remuneration system, the Committee notes the Government’s indication that, according to the new compensation model set out by Law No. HO-157-N of 12 December 2013, the basic wage in the public sector depends on the scope and degree of responsibilities set for the particular position. The main salary is determined by the multiplier of the base salary and coefficient set for the particular position, and the additional salary is set for certain working conditions as stipulated by the abovementioned law. The Government further indicates that a compensation system for non-specialized workers, such as technical supporters and civil workers, was established specifying a coefficient for determining the basic salary for each position in the remuneration system, which excludes the possibility of a wage differentiation for the same work accomplished by different people. While noting the Government’s explanation regarding the methods and the procedure used to assess the value of work, the Committee asks the Government to indicate the measures taken in practice to encourage the use of such methods and procedures in both the private and the public sectors and to provide information on any job evaluation which was undertaken, and the outcome thereof.

Enforcement. The Committee notes the Government’s indication that, following the amendment of the Labour Code in 2014 and the adoption of the Law on the State Labour Inspectorate which entered into force in January 2015, section 34 of the Labour Code and the previous Law on the State Labour Inspectorate are no longer in force. The Government indicates that consequently the implementation of the labour legislation is not supervised, and that no institution is available to carry out awareness-raising activities relating to discrimination. The Committee refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), concerning the importance of establishing accessible and effective complaint mechanisms, procedures and remedies for victims of discrimination. Noting that the Human Rights Defender receives complaints concerning discrimination in employment and occupation, the Committee asks the Government to provide information on the number of complaints addressed to this institution referring to the principle of the Convention or to the relevant provisions under the Labour Code and the outcome of such complaints, including any judgments on this matter.