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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Assessment of the gender pay gap. The Committee notes from the statistical information provided by the Government that between 2004 and 2005, the gender pay gap (average annual wages) in the public sector increased from 20.1 per cent to 23.1 per cent, while it decreased during the same period from 21.3 per cent to 20.6 per cent in the private sector. According to EUROSTAT data, the gender pay gap calculated on the basis of average gross hourly earnings was 16 per cent in 2004, decreasing to 15 per cent in 2005 and 14 per cent in 2006. The Committee asks the Government to provide information explaining the increase in the gender pay gap in the public sector noted above and to provide information on the measures taken or envisaged to address this situation. The Government is also asked to provide more detailed information on the earnings of men and women, as far as possible in accordance with the Committee’s 1998 general observation, as well as information on the measures taken to address gender pay differentials in economic sectors where they are particularly pronounced.
Article 3 of the Convention. Objective job evaluation. In its previous comments, the Committee stressed the importance of objective job evaluation as a means of ensuring that remuneration is determined in accordance with the principle of equal remuneration for men and women for work of equal value. The Committee regrets that the Government’s report contains no information in reply to the Committee’s comments on this issue. The Committee therefore reiterates its request to the Government to provide information on any measures taken or envisaged to promote the development and use of methods for the objective evaluation of jobs, free from gender bias, particularly in the private sector. The Committee also asks the Government to indicate the specific measure taken to seek the collaboration of workers’ and employers’ organizations in this regard.
Parts III and IV of the report form. Enforcement. The Committee notes the detailed information provided by the Government concerning the mandate and functioning of the Commission on the Protection against Discrimination, including the information regarding some cases dealt with by the Commission which involved issues of pay discrimination. The Committee asks the Government to indicate in its next report whether any of the promotional activities of the Commission on the Protection against Discrimination specifically address the right to equal remuneration for men and women for work of equal value, and to provide detailed information on any such activity. The Committee also asks the Government to continue to provide information on any cases decided by the Commission concerning equal remuneration. In addition, the Government is asked to collect and provide to the Committee information on whether the labour inspectorate and the courts have dealt with any cases concerning the Convention’s principle.
1. Articles 1(a) and 2(a) of the Convention. Application through legislation. Definition of remuneration. Recalling its previous observation, the Committee notes the Government’s confirmation that the term “all remuneration” in section 14(1) of the Act on Protection Against Discrimination covers the basic salary and any additional payments, in accordance with Article 1(a) of the Convention.
2. Articles 2 and 3. Practical application. Assessment of the gender wage gap. The Committee notes that, according to the statistical information provided by the Government, the gender pay gap (average monthly salary) in the private sector has decreased from 24.8 per cent in 2001 to 22.5 per cent in 2003. In the public sector, the gender wage gap decreased during the same period from 27.3 per cent to 21.4 per cent. The Committee asks the Government to continue to provide detailed statistical information on the earnings received by men and women, as far as possible in accordance with its general observation of 1998.
3. Measures to ensure and promote equal remuneration. The Committee notes the Government’s statement that the difference in pay received by men and women was not due to discrimination but was the result of women being more frequently employed in lower positions than men and being over-represented in economic sectors with low levels of remuneration. In this regard, the Committee welcomes the various measures mentioned in the report to promote gender equality in the labour market (e.g. measures to promote women’s access to higher paying jobs and family-friendly workplace arrangements) which indeed have the potential to reduce the gender pay gap. However, the Committee also stresses the importance of addressing gender pay differentials that arise due to discrimination that occurs in the process of the determination of remuneration (e.g. lack of consideration of skills required for jobs that are traditionally performed by women and the resulting undervaluation of tasks performed by women). While noting the Government’s explanations concerning the manner in which salaries are determined in the civil service, the Committee asks the Government to provide information on the measures taken to promote the development and use of objective job evaluation methods in the private sector, as encouraged under Article 3 of the Convention. The use of such job evaluation methods is an important means of avoiding gender bias in the determination of wages. The Committee reiterates its request to the Government to provide information on any efforts made to seek the collaboration of workers’ and employers’ organizations with a view to promoting objective job evaluation. Please also indicate any measures taken under the National Action Plan on Employment and the National Action Plan on the Promotion of Equality between Women and Men that specifically aim at eliminating pay discrimination that arises from gender-biased determination of remuneration.
4. Enforcement. The Committee notes from the Government’s report that the Commission on the Protection against Discrimination is not yet operational. It therefore asks the Government to keep it informed of any further developments with regard to the establishment and functioning of the Commission, including information on whether any of its activities address equal pay issues. Finally, the Committee asks the Government once again to provide information on any judicial or administrative decisions issued based on the equal pay provisions of the Labour Code or the Act on Protection from Discrimination.
1. Articles 2 and 3 of the Convention. Determination of remuneration and objective appraisal of jobs. The Committee notes that pursuant to section 14(3) of the Act on Protection against Discrimination, the criteria to determine the work remuneration shall be equal for all employees and shall be determined by collective labour agreements or by the internal administrative rules regarding salaries, or for civil servants, by the laws and regulations. The Committee asks the Government to provide information on the measures to be taken by the Government to promote and ensure that rates of remuneration are established by a method that ensures the application to all workers of the principle of equal remuneration for men and women workers for work of equal value. The Government is particularly requested to provide information on how it ensures the application of the Convention’s principle in the public sector, including through the promotion of objective appraisal of jobs on the basis of the work performed. Please also provide information on any efforts made by employers’ and workers’ organizations’ in this regard.
2. Parts III to V of the report form. Practical application and enforcement. The Committee notes that the Commission for Protection against Discrimination set up under the Act on protection against discrimination is an independent body charged with overseeing the implementation of and compliance with that Act. The Committee asks the Government to provide information on any activities undertaken by the Commission with regard to the principle of equal remuneration for work of equal value, including the number, nature, and outcome of complaint proceedings received, recommendations and statements issued, or relevant studies or reports. Please also provide any relevant administrative or judicial decisions involving the principle of equal remuneration.
3. The Committee notes that, according to the Government’s report, the gender gap in the average annual remuneration has decreased from 27.2 percent in the public sector and 24.8 per cent in the private sector in 2001 to 23.6 per cent in the public sector and 21.2 per cent in the private sector in 2002. It also notes that according to the report, the overall average annual remuneration of women continued to increase in the public sector. However, the Committee notes with concern that according to longer term figures, the gender remuneration gap substantially widened in the private sector between 2001 and 2002. According to the Government’s report, this gap was at 21.2 percent in 2002, while according to information previously submitted it was at 13.2 per cent in 2001. The Committee asks the Government to assess this situation and supply any explanation as to the causes of the increase of the gender remuneration gap in the private sector, as well as any measures taken to specifically target and address this problem. Noting various measures taken by the Government to promote equality of opportunity of men and women in the labour market more generally, such as the inclusion of a gender equality component in the National Employment Strategy, 2003, the Committee asks the Government to indicate in which ways these efforts contribute to a better application of the Convention.
4. The Committee notes that the view expressed by the Bulgarian Industrial Association (BIA) that the gender gap in average annual remuneration would not mean that there was pay discrimination on the basis of sex, but that high salaries would be paid in industries and enterprises where the conditions of work were "non-attractive for women". While the Committee would agree that direct pay discrimination against women would not often be the sole cause of the overall gender remuneration gap, it stresses however that women’s equal access to jobs and occupations and the fact that jobs traditionally considered to be "attractive for women" may in fact be undervalued is highly relevant to the application of the Convention. It therefore encourages the Government to make every effort to gather and make available statistical information that would allow for an in-depth analysis of the existing gender remuneration gap as a basis for designing and implementing measures leading to its reduction. The Government’s attention is once again drawn to the Committee’s 1998 general observation on Convention No. 100 (attached for ease of reference), which sets out the type of statistical information needed to meaningfully assess the application of the Convention.
1. Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes with interest that under section 14(1) of the Act on Protection against Discrimination of 24 September 2003, the employer shall ensure equal remuneration for equal work and work of equal value and that, according to section 14(2) this principle applies to "all remuneration, paid directly or indirectly, in cash or in kind". The Committee asks the Government to confirm that "all remuneration" in the sense of section 14(2) includes the ordinary or basic salary and additional emoluments whatsoever arising out of the worker’s employment in accordance with Article 1(a) of the Convention. It also asks the Government to provide information on the practical application and enforcement of the principle of equal remuneration for men and women workers for work of equal value under section 14, including through relevant administrative and judicial bodies.
2. The Committee recalls that the Labour Code (Amendments and Additions) Act issued by Decree No. 44 of 12 March 2001, introduced a new section 243 in the Labour Code, which provides in subsection (1) for equal remuneration for men and women workers for the "same or equivalent work" rather than for equal remuneration for work of equal value. In this regard, the Committee notes the Government’s explanation that the term "equivalent", as used in the Bulgarian language, was meant to refer to the equal value of the work performed by women and men regardless of its nature. The Committee asks the Government to provide information on the practical application of section 243 of the Labour Code by the competent administrative and judicial authorities.
The Committee is raising other points in a request addressed directly to the Government.
The Committee notes the information contained in the Government’s report.
1. The Committee notes the Government’s statement that the National Assembly has not approved the Equal Opportunities for Men and Women Act and that no national council on equal opportunities for men and women has therefore been established. It also notes that, according to the Government’s report, a new draft law on prevention of discrimination is pending approval at the Council of Ministers. The Committee notes the Government’s statement that article 28(4) of the draft law envisages equal treatment between men and women respecting working conditions, minimum pay, rest and leave, and remuneration for the actual work performed "in accordance with conditions and procedures established by law". It asks the Government to clarify the meaning of article 28(4) of the draft Act with regard to the principle of equal pay for work of equal value contained in Article 1 of the Convention, including the conditions and procedures set out in other laws that qualify or affect the application of the principle in practice. It further asks the Government to provide information on what methods, if any, are envisaged to ensure that such criteria are consistently applied and weighted in a non-discriminatory manner. The Committee refers the Government to its above comments and hopes that the draft law will be revised in such a manner as to promote the implementation of the principle of equal pay for work of equal value. Please provide information on any changes to the draft and supply a copy to the Office upon its adoption.
2. The Committee notes the statistical information provided by the Government. In particular, it notes that the wage gap between men and women working on contract has decreased between 1999 and 2001 from 23.2 per cent to 17.4 per cent. It also notes that the wage gap remains greater in the public sector (1999: 27.8 per cent; 2001: 26.5 per cent) than in the private sector (1999: 19.9 per cent; 2001: 13.2 per cent). The Committee notes that women’s participation in the labour market has increased slightly in 2001 (2.5 per cent) whereas men’s participation has decreased slightly (0.5 per cent). The Committee asks the Government to provide detailed statistical information that allows it to assess the practical application of the principle of equal pay for work of equal value between men and women. In that regard, it notes the Government’s admission that no research has been conducted regarding the effects of family responsibilities on women’s income. Referring to its 1998 general observation on Convention No. 100, the Committee reminds the Government of the importance of providing any available data on wage statistics, which could give an indication of the relative earnings of men and women and asks the Government to continue to supply such statistics along with other information on work and family life that may impact upon the application of the Convention.
3. Concerning the application of the Convention in the public sector, the Committee notes the Government’s statement that there is no information available on the real hourly wage remuneration paid to men and women employed in certain spheres of the public service (other than those governed by Cabinet Decrees Nos. 25/2000 and 18/2000) where wages are determined by collective labour agreements. The Committee asks the Government to provide copies of these collective agreements as well as information on how it intends to ensure the application of the principle embodied in the Convention in the public sector. Noting that, overall, the wage gap is larger between men and women in the public sector, it asks the Government for information on any specific measures taken or envisaged to improve the status of women and their remuneration levels through measures such as promoting their access to higher level posts, and evaluating objectively remuneration levels in female-dominated occupations.
4. The Committee asks once again the Government to provide information on the activities of the National Tripartite Cooperation Council relating to the application of the Convention.
The Committee notes that the Labour Code amendments of 2001 (Labour Code (Amendments and Additions) Act, Decree No. 44, 12 March 2001) introduced new article 243 in the Labour Code, which contains the "right to equal remuneration for the same or equivalent work" and applies that right "to all payments arising in respect of employment". In its previous direct request, the Committee had noted that the amendment introduced in the National Assembly by Council of Ministers’ Decision No. 484/10 of July 2000 was framed in such terms as to provide for men and women to receive equal pay for work of equal value. The Committee recalls, as it noted in paragraph 19 of its 1986 General Survey, that the obligations arising from Article 1 of the Convention"go beyond a reference to ‘the same’ or ‘similar’ work", and extend to work "of equal value", which requires a broader comparison of jobs. The Committee expresses its concern over the adoption of this restricted approach in legislation. It must underscore the importance of ensuring that women who undertake different work from men but work that is of equal value, based on objective job appraisals using criteria, such as responsibility, skill, effort and working conditions be paid equal remuneration. It must also draw attention to the important role that legislation plays in implementing the Convention and the importance of it being in conformity with the Convention. The Committee therefore asks the Government to indicate the manner in which it intends to bring its laws in conformity with Article 1 of the Convention.
The Committee is addressing a request directly to the Government on other points.
The Committee notes the information provided by the Government in its report.
1. The Committee notes that the Council of Ministers, with Decision No. 484/10 of July 2000, introduced article 243 in the Labour Code, which establishes the principle of equal remuneration for men and women for work of equal value in accordance with Article 1 of the Convention.
2. The Committee notes the National Action Plan for Employment for 2001, passed by Decision No. 293 of 27 April 2001 of the Council of Ministers, especially the section relating to Pillar IV of the Employment Directives of the European Union - Strengthening the Equal Opportunities Policy. It also notes that in execution of the European Commission Directive for the incorporation of equal opportunities for men and women in every policy and activity of the European Union and the establishment of a national mechanism for ensuring gender equality, in May 2000 the Council of Ministers adopted a regulation, pursuant to which the Council assigned functions related to the application of equal opportunities for men and women, to the Minister of Labour and Social Policy (MoLSP). The Committee asks the Government to indicate if the draft Equal Opportunities of Men and Women Act has been adopted and if the proposed National Council for Equal Opportunities has been constituted as an advisory body under the MoLSP with membership represented by government and non government organizations (social partners and civil unions).
3. The Committee notes the Government’s indication stating that where wages are determined by the State, equal remuneration for men and women is guaranteed for all posts at the same level by Cabinet Decrees Nos. 25/2000 and 18/2000. The Committee also notes that the wages in other spheres of the public sector are determined by collective labour agreements after negotiations between employers and trade unions in the respective enterprises based on the financial conditions in them. The Committee asks the Government to provide copies of the above-referred collective agreements and the actual hourly wages earned by women and men in those sectors, as it requested in the previous direct request.
4. The Committee notes, on the basis of the statistical information provided by the Government in its report, that in the public sector in 1998 women were earning 70.99 per cent of men’s wages while in the private sector women earned an average of 27.45 per cent less than men. The Committee also notes that since 1996 women’s salaries have increased in order to level them with men’s wages, but while in the private sector the increase in that interval has been 9.68 per cent, in the public sector it has only been 2.83 per cent. The Committee notes that although the difference between the overall average wage rate in the private sector for women is less than the average in the public sector, in the private sector, if analysed by industries, the wage gap in some is quite wide. In the hotel and catering industry women’s wages are 48.94 per cent of male wages; in the trade and repair industry 59.03 per cent; in the health and care industry 62.95 per cent; and in the manufacturing industry 71.18 per cent. The Committee asks the Government to provide information on the measures taken or envisaged to improve the status of women in the labour market and their remuneration levels through measures such as promoting their access to higher level posts, and evaluating objectively remuneration levels in female-dominated occupations. The Committee asks the Government to continue to supply statistical information on remuneration rates of men and women in accordance with its general observation of 1998 on the Convention.
5. Recalling that family responsibilities have been cited as a reason for women earning less than men, the Committee notes that the Government’s report does not provide information on any services provided or envisaged to meet the needs of workers with family responsibilities in the public sector, nor has it indicated in what manner family responsibilities are responsible for women's earning lower average wages. The Committee reiterates its previous request as to whether any studies had been conducted on the impact of family responsibilities on women's earnings and to supply copies of such studies.
6. The Committee notes that no information was sent by the Government relating to the basis for the criteria used in the job appraisals conducted during the collective bargaining process and what methods, if any, are being applied to ensure that such criteria are consistently applied and weighted in a non-discriminatory manner. The Committee asks the Government to send the abovementioned information and to indicate the measures taken or envisaged to encourage the employment of women in non-traditional occupations.
7. The Committee asks the Government to provide information on the activities of the National Tripartite Cooperation Council relating to the application of the Convention.
1. While the Committee takes due notice of the legislation cited by the Government as confirmation of its intent to apply the principle of the Convention, the Committee observes that none of the provisions cited expressly establish the right of equal remuneration for work of equal value. Accordingly, the Committee reiterates its previous comments regarding the Government's repeal of Article 243 of the Labour Code and its hope that the Government will contemplate giving legislative expression to the principle of the Convention. In this context, the Committee notes the activities of the National Tripartite Co-operation Council, particularly with respect to its growing role in the Government's decision-making process concerning labour standards. The Committee would be grateful if the Government would provide, in its next report, information on the Council's activities relating to the application of the Convention, including any recommendations the Council may make regarding legislative reform.
2. The Government indicates that, in sectors where wages are determined by the State, equal remuneration for men and women is guaranteed by Cabinet Decrees Nos. 68/1996, 36/1997 and 14/1998, which provide for equal wages for all posts of the same level. The Government further indicates that wages are fixed by collective bargaining agreements in all other spheres of the public sector. The Committee would be grateful if the Government could provide copies of the above-referenced Cabinet Decrees as well as the texts of collective agreements fixing wages in various areas in the public sector and indicating, where possible, the percentage of women covered by such agreements and the actual hourly wages earned by women and men in those sectors.
3. The Committee notes, on the basis of the statistical information provided by the Government, that women hold more posts than men in the budgetary sphere of the public sector, comprising from 56 per cent to 80 per cent of the labour force, depending on the field of work. Women's average monthly earnings nevertheless range from 85 per cent to 91 per cent of the average monthly wage earned by men, again depending upon the field of work involved. The Government indicates that these differences "are due mainly to a different level of education, qualification and accrued working record by the women, arising from their family responsibilities". As an example, the Government refers to female employees caring for their ill children. The Committee recalls the language of Paragraph 6(c) of the Equal Remuneration Recommendation, 1951 (No. 90), which provides that, in order to facilitate the application of the principle of equal remuneration for men and women workers for work of equal value, appropriate action should be taken, where necessary, to raise the productive efficiency of women workers by, inter alia, providing welfare and social services which meet the needs of women workers, particularly those with family responsibilities. The Government is asked to indicate whether and what kind of welfare and social services are provided or are proposed to be provided by the Government to meet the needs of workers with family responsibilities in the public sector and to indicate precisely in what manner family responsibilities are responsible for women's earning lower average wages. Further, the Government is asked to state whether any studies have been conducted on the impact of family responsibilities on women's earnings and supply copies of any such studies. In order to assist the Committee in evaluating the application of the Convention, the Government is asked to provide, in its next report, the fullest statistical information possible in accordance with the guidelines set forth in the Committee's general observation on this Convention.
4. In its report, the Government states that objective appraisal of jobs is provided for during collective negotiations between trade unions and employers in the different branches and sectors of the economy and that the wage negotiations are differentiated by category and position, on the basis of various non-gender-based criteria, including education, qualifications and working conditions. The Committee welcomes these indications in the Government's report, since the concept of paying men and women equally in accordance with the value of their work implies the adoption of an objective method to measure and compare the value of the jobs performed. Moreover, because men and women tend to perform different jobs, a technique to measure the relative value of jobs with different content is essential to eradicate gender-based salary discrimination. However, since job evaluation is an inherently subjective method, care should be taken to prevent sex stereotyping from entering the process, which may result in an undervaluation of jobs held mainly by women or jobs requiring qualities regarded as essentially "feminine". Thus, the criteria utilized for the appraisal of jobs should not undervalue the skills normally required for jobs that are in practice performed by women, such as care-giving, human relations skills and jobs calling for manual dexterity. In comparing the work of men and women, care should be taken to balance the various job components to ensure a fair and just evaluation. (See General Survey on equal remuneration, ILO, 1986, paragraphs 133 to 152). In this regard, the Committee requests the Government to indicate the basis for the criteria used in the job appraisals conducted during the collective bargaining process and what methods, if any, have been applied to ensure that such criteria are consistently applied and weighted in a non-discriminatory manner.
1. In its previous direct request, the Committee asked the Government to indicate whether the principle of the Convention was guaranteed in any legislative text or regulation. In this regard, the Committee had noted the repeal of section 243 of the Labour Code which, though not in full conformity with the Convention, had been the only legislative provision dealing with equal pay. The Committee notes the Government's reference to article 6, paragraph 2, of the 1991 Constitution -- which prohibits any restriction of rights or privileges based on various grounds, including sex -- and to section 244 of the Labour Code empowering the Council of Ministers to determine the minimum wage. However, as neither of these provisions provides a sufficient guarantee against wage discrimination as provided for by the Convention, the Committee hopes that the Government will contemplate giving legislative expression to the principle of the Convention.
2. The Committee notes that in sectors in which wages are determined by the State, observance of the principle of equal pay for equal work is guaranteed by virtue of the Council of Ministers' Decree No. 68 of 1996, which provides for equal wages for all posts of the same level. While noting the statistics provided with the report, the Committee requests the Government to indicate the percentage of men and women employed in those branches of industry where wages are determined by the State.
3. On the basis of the statistics supplied by the Government, the Committee notes that women's average wage was 72.7 per cent of that of men's for 1995 and 70.3 per cent for the third quarter of 1996. The Committee notes the Government's comment that the average wage differences between men and women are due mainly to the higher pay received by men in jobs with arduous and unhealthy conditions, from which women are prohibited from employment by provisions aimed at safeguarding their health and fertility. The report also states that the lower average wage rates of women are due to their high representation in branches of industry with relatively lower wage rates, such as textiles and clothing, education and health. In this regard, the Committee requests the Government to indicate the extent to which attempts have been made in the wage-fixing systems to ensure that factors which are more likely to be present in the jobs undertaken by women (such as repetitive work, maintaining certain postures, dexterity) are identified and evaluated to balance those factors (such as dirty or hazardous working conditions and physical strength) which evidently account for the higher wages received by men. As the Government has acknowledged, the weighting given to typical factors in male jobs has an adverse effect on women's wages, particularly in situations where women are prohibited, or restricted, from undertaking certain jobs. In its 1986 General Survey on equal remuneration, the Committee noted that some of the factors used to evaluate jobs tend to favour men over women and that, moreover, some factors which are more likely to be present in the jobs undertaken by women may not be identified and therefore not valued in job evaluation schemes, as is often the case with caring skills and responsibility, human relations skills and manual dexterity.
4. The Committee notes the statistics for 1995 and 1996 (first half) supplied by the Government on the number of violations detected and penalized by the General Labour Inspectorate. Please indicate how many of these violations concern equal remuneration between men and women.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. Further to its previous comments, the Committee notes with regret the repeal of section 243 of the Code, which established, albeit not fully, the principle of equal wages. The Committee requests the Government to indicate whether the principle of the Convention is guaranteed in any other legislative text or regulation and, if so, to provide information on how it is applied.
2. The Committee notes that under section 244 of the Labour Code, the Council of Ministers sets the minimum wage and other elements of remuneration, as well as the wage scales in certain sectors. The Committee notes with regard to the "individual" sectors, that wages are fixed by collective bargaining, as they are in the production sectors. The Committee also notes the Government's statement that wages are determined on the basis either of the duration of the work or the work performed (section 247 of the Labour Code), without discrimination on the basis of sex. The Committee refers to its 1986 General Survey on equal remuneration, particularly paragraphs 24 to 30 on the role of governments in the application of the principle of equal remuneration, and draws the Government's attention to the need to adopt certain measures to apply the Convention. For example, in the sectors where the State has responsibility in determining wages, it must ensure observance of the principle of equal pay for work of equal value. In the sectors where wages are negotiated and fixed by collective agreement or after the employer has consulted the workers, the Committee stresses the usefulness, particularly where there are no legal provisions establishing the principle of the Convention, of objective job appraisal systems so as to compare the value of the various tasks and thus guarantee equal pay for work of equal value, and of specific measures to encourage the application of the principle of the Convention in collective agreements. The Committee asks the Government to indicate in its next report any measures taken to give effect to the Convention.
3. The Committee notes that, in answer to its question concerning the practical application of the Convention, the Government indicates that the rules of the National Statistics Institute are shortly to be improved, which should enable it to provide the Committee with the necessary information to ascertain to what extent the principle of equal remuneration is applied in practice. The Committee would therefore be grateful if, in its next report, the Government would provide:
(i) the wage scales applying in the public sector, with an indication of the percentages of men and women employed at different levels;
(ii) the texts of collective agreements fixing wage rates in the various sectors of activity, indicating where possible the percentage of women covered by the collective agreements and the percentage of men and women employed at different levels;
(iii) statistical data on wage rates and the average actual earnings of men and women, broken down, where possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the percentage of women in each of these categories;
(iv) information on the activities of the labour inspectorate (infringements recorded, penalties imposed) and on court decisions.
The Committee notes the Government's report for the period ending July 1993. It also notes the amendments to the Labour Code, which came into force on 1 January 1993.
2. The Committee notes that under section 244 of the Labour Code, the Council of Ministers sets the minimum wage and other elements of remuneration, as well as the wage scales in certain sectors. The Committee notes with regard to the "individual" sectors, that wages are fixed by collective bargaining, as they are in the production sectors. The Committee also notes the Government's statement that wages are determined on the basis either of the duration of the work or the work performed (section 247 of the Labour Code), without discrimination on the basis of sex. The Committee refers to its 1986 General Survey on Equal Remuneration, particularly paragraphs 24 to 30 on the role of governments in the application of the principle of equal remuneration, and draws the Government's attention to the need to adopt certain measures to apply the Convention. For example, in the sectors where the State has responsibility in determining wages, it must ensure observance of the principle of equal pay for work of equal value. In the sectors where wages are negotiated and fixed by collective agreement or after the employer has consulted the workers, the Committee stresses the usefulness, particularly where there are no legal provisions establishing the principle of the Convention, of objective job appraisal systems so as to compare the value of the various tasks and thus guarantee equal pay for work of equal value, and of specific measures to encourage the application of the principle of the Convention in collective agreements. The Committee asks the Government to indicate in its next report any measures taken to give effect to the Convention.
1. The Committee notes from the information contained in the Government's report that a Bill to amend the 1987 Labour Code has been submitted to Parliament.
The Committee recalls that section 243 of the 1987 Labour Code provides that equal pay shall be due for equal work and that work shall be considered equal whenever the results of it, the complexity and the demands of the job and the conditions in which it is performed are equal. Section 242 of the 1987 Labour Code provides that remuneration shall be determined according to the quantity and quality of the work performed by the employee and that it shall be evaluated in accordance with the results of the activities performed by the working collective in the enterprise, and the employee's personal contribution, with due consideration for the complexity and demands of the job and the conditions in which it is performed. The Committee refers to its previous comment wherein it pointed out that the criteria of quality and quantity are not sufficient to permit a comparative evaluation of different work carried out by men and women which may be of equal value.
The Committee hopes the Government will take into account its comments on the application of this Convention and it trusts the proposed new labour legislation will guarantee equal remuneration for work of equal value between men and women in compliance with the requirements of the Convention.
2. The Committee notes that for some years, the Government has not provided information sufficient to enable an appraisal of the extent to which the wage differential has been reduced through application of the principle of the Convention. Accordingly, the Committee requests the Government to provide, in its next report, full information concerning the implementation in practice of the Convention, including (i) the salary scales applying in the public sector, with an indication of the percentage of men and women employed at different levels; (ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women in the economy, broken down, where possible, by occupation or sector of employment, seniority or skill level as well as information on the percentage of women employed in different occupations or sectors; and (iii) information regarding any surveys or studies undertaken or envisaged with a view to determining the reasons for wage disparities and details on any measures to remove the barriers to the full implementation of the Convention.
The Committee notes that section 242 of the Labour Code, which came into force on 1 January 1987, provides that remuneration shall be determined according to the quantity and quality of the work performed by the employee and that it shall be evaluated in accordance with the results of the activities performed by the working collective of the enterprise, and the employee's personal contribution, with due consideration for the complexity and demands of the job and the conditions in which it is performed. Under section 243 of the Labour Code, equal pay shall be due for equal work. Work shall be considered equal whenever the results of it, the complexity and the demands of the job and the conditions in which it is performed are equal.
As the Committee noted in paragraphs 19 to 21, 44 to 65 and 70 of its 1986 General Survey on Equal Remuneration, the criteria of quality and quantity permit a comparative evaluation of the performance of different persons carrying out work of the same nature, but they do not provide a sufficient basis for the application of the principle of equal remuneration where men and women perform work of a different nature but which may be of equal value. The Committee therefore requests the Government to supply more detailed information on the application of the principle set out in the Convention to work of a different nature performed by men and women, and particularly on any job classification systems and evaluation criteria used, and on any re-examination of evaluation criteria that may be carried out in the light of the Convention.