Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Evaluation of gender wage gap. The Committee notes with interest the study published in 2007 by the Central Statistical and Economic Studies Service (STATEC) entitled “Equality for men and women: Myth or reality?”, Part II of which covers wage inequalities and reviews the various factors which may explain the wage gaps between men and women (factors related to human capital – age, education, nationality; factors related to the enterprise – type of employment, seniority, assignment of supervisory functions; geographical factors – place of residence; etc.). The analysis shows that women occupy an unfavourable situation in the wage scale (23 per cent of women earn under €2,000 a month, compared with 10 per cent of men) and that the proportion of women earning very high salaries is lower than that of men. The study also sets a figure for the gross average monthly wage gap, namely 19.6 per cent, which can be explained by the type of occupation exercised and by the sector of activity or branch. It also shows that, taking into account all the variables (human capital factors, sectoral effect, personal characteristics of employees), the sole fact of being a man increases the gross hourly wage by 15.7 per cent. The Committee asks the Government to continue providing information on developments in relation to wage gaps between men and women and their causes, including detailed statistics of the earnings of men and women by sector, educational level and professional category, with a view to evaluating the progress achieved in reducing the wage gaps.

Articles 2 and 4. Collective agreements. Cooperation with the social partners. The Committee notes that, pursuant to section 162-12 of the Labour Code, all collective agreements shall necessarily envisage the means for the application of the principle of equal remuneration for men and women and shall contain provisions reflecting the outcome of collective bargaining on the implementation of the principle of equal remuneration. However, it observes that a study published in 2007 by the Ministry for Equality of Opportunity on “Equality between women and men in collective agreements” shows the very low impact of collective agreements in relation to securing wage equality between men and women. According to the study, which nevertheless emphasizes the vital role that can be played by collective agreements in this field, the clauses of collective agreements respecting equal remuneration are limited to recalling the principle (page 11) and the requirement to set out the means for the application of the principle is not given effect (page 12). The clauses of collective agreements do not in practice contain any tangible proactive measures to combat wage inequalities between men and women (page 12).

The Committee also notes that the Government has decided to maintain for a trial period, the duration of which is not specified, the requirement for the social partners to specify the means for the application of the principle, or in other words a requirement for negotiation. The Government indicates in its report that this requirement as to the means could subsequently be replaced by a requirement as to results. However, it emphasizes that the consultations held with the social partners show that they are reticent with regard to further regulation in the field of remuneration.

The Committee asks the Government to provide information on the implementation of section 162-12 of the Labour Code and any further steps taken in including a requirement as to results. The Committee also asks the Government to provide information on the measures adopted in cooperation with the social partners for the purpose of promoting the principle of equal remuneration for men and women for work of equal value. Furthermore, noting that the report does not contain a reply to its previous comments on the negotiation of equality plans with regard to employment and remuneration in the context of collective agreements, the Committee once again asks the Government to provide information on the equality plans negotiated during the reference period, with an indication of their content in relation to equal remuneration and the impact of these measures on the pay gap between men and women.

The Committee notes the information provided on the implementation of the project “Wage equality: A challenge for democratic and economic development”, carried out in 2002, and the action taken to follow up the project, particularly the two training seminars organized in 2003 at the request of the social partners on the evaluation and classification of work functions. It also notes that the Ministry for Equality of Opportunity organized in April 2007 a conference entitled “Equality of women and men in employment: Reality or myth?” The objective of the conference was to inform the social partners of wage inequalities and outline their roles in this respect. A conference was also organized in June 2008 on wage equality between men and women, the objective of which was to present methods and tools for the achievement of wage equality and to exchange good practices. The Committee asks the Government to continue providing information on the measures taken in practice to combat the deep-rooted causes of the gender wage gap, such as horizontal and vertical professional segregation, particularly in terms of education and vocational training, with a view to encouraging women to diversify their professional choices and enable them to progress in their careers towards positions of responsibility. The Committee would be grateful if the Government would provide information on the good practices identified in this respect.

Article 3 of the Convention. Objective job evaluation. The Committee notes that, according to the Government’s report, the social partners expressed the wish to benefit from training and evaluation tools for the classification of functions, particularly in small and medium-sized enterprises, and that the Government intends to respond to this request. The Committee also notes that the study referred to above, entitled “Equality for men and women: Myth or reality?”, finds that the criteria for the evaluation and classification of functions contained in certain collective agreements continue to favour male workers, as traditionally male criteria, such as effort and muscular fatigue, are still overvalued in relation to criteria relating to the jobs traditionally occupied by women (page 18). The Committee asks the Government to indicate the measures adopted to encourage the social partners to make use of objective methods for the evaluation of jobs based on the work involved, and particularly to ensure that these methods are free from gender bias and do not result in those jobs in which women are predominant being undervalued.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee recalls its previous request to the Government to provide information on the implementation and impact on pay differentials of the project entitled “Equal pay – challenge for democratic and economic development” to which the Government referred previously. The Committee asks the Government to provide this information in its next report.

2. Practical application. The Committee notes that the National Action Plan for Equality of Women and Men of 2006 identifies the reduction of the gender pay gap as an explicit objective. One measure envisaged under the Plan is an in-depth study of the causes of the gender wage gap. Further, the holding of training courses on gender-neutral job evaluation, in cooperation with workers’ and employers’ organizations, is envisaged. The Committee asks the Government to provide detailed information an the concrete action taken under the National Action Plan to promote equal remuneration for men and women, including concerning the results of the abovementioned study and the training courses on job evaluation. Please indicate any other measures taken to promote the development and use of analytical job evaluation methods, particularly in the private sector.

3. Collective agreements. Recalling that under the labour legislation there is an obligation to negotiate equality plans with regard to employment and remuneration for framework agreements (section 162-12, paragraph 4(4), of the Labour Code), the Committee notes the Government’s indication that no such agreement has been concluded so far. The Committee asks the Government to provide information in its future reports on any equality plans developed through collective bargaining, indicating how these plans address gender pay differentials. Please provide information on any other measures taken or envisaged to seek the cooperation of workers’ and employers’ organizations with a view to giving effect to the provisions of the Convention.

4. Statistical information. The Committee notes from the Government’s fifth periodic report under the Convention on the Elimination of All Forms of Discrimination against Women that the wage gap between men and women (average gross hourly earnings) increased from 13.9 per cent in 2003 to 14.3 per cent in 2005 (CEDAW/C7LUX/5, 8 May 2006, paragraph 194). The Committee asks the Government to provide in its next report statistical information concerning the earnings of men and women that would enable the Committee to assess the progress made in eliminating the gender wage gap.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 2 of the Convention. Application of the principle of equal remuneration. The Committee notes with interest the studies and activities carried out in the context of the project entitled "Equal pay - challenge for democratic and economic development", and the study to evaluate the impact of parental leave. Noting the importance of these studies, activities and statistics for enabling better promotion and application of the principles of the Convention, the Committee encourages the Government to continue to provide information on the implementation of the abovementioned project, and on its impact on pay differentials between men and women.

2. Part V of the report form. Application in practice. Referring to the studies carried out in the context of the abovementioned project, the Committee notes that the average hourly wage differential between men and women was 28 per cent in 2000 and that, of this 28 per cent, 16 per cent represented structural differences in employment for women and men, leaving 12 per cent of the differences unexplained. It also notes that women do not have the same types and levels of qualifications as men, that they are occupied in low-paid jobs, that they occupy only 22 per cent of managerial posts and that they represent only 16 per cent of the membership of boards of directors. The Committee also notes that, despite a positive trend, it is still mostly women who take parental leave, the effect of which is that they "return to their domestic tasks and are penalized in the job market". The Committee notes that the abovementioned studies emphasize, inter alia, the need to adopt a truly active policy for work for women and for achieving a better balance between family life and working life, to promote a fairer distribution of domestic, family and working time between men and women, to encourage the discarding of stereotypes and to promote education and vocational training. The Committee asks the Government to indicate the measures and activities which have been taken or contemplated to give effect to the abovementioned recommendations, including measures to encourage men to be more involved in family life, with a view to reducing structural differences between women’s and men’s work which are the root causes of pay differentials, and to provide information on the results obtained in practice.

3. Article 3. Objective appraisal of jobs. Noting that the qualitative study of the abovementioned project emphasizes the need for a clearer definition of the occupational profiles of employees and the usefulness of adopting an analytical system for job evaluation and classification for private sector undertakings, the Committee wishes to emphasize the importance of work evaluation systems based on non-sexist criteria. It would be grateful if the Government would provide information in its next report on the measures taken or contemplated in order to promote the use of objective and non-discriminatory means of job evaluation in the private sector.

4. Article 4. Collaboration of the social partners. The Committee notes the adoption of the Act of 30 June 2004 concerning collective labour relations, and in particular section 20(4)(4), which contains the obligation to negotiate "equality plans" with regard to employment and remuneration for framework agreements. The Committee would be grateful if the Government would provide information in its forthcoming reports on the adoption of these equality plans, including their impact on pay differentials, and to transmit copies of these plans. Recalling its previous comments, the Committee also asks the Government to indicate as far as possible in what manner "equality delegates" and joint committees ensure the application of equality plans in practice, in particular with regard to the principle of equal pay for men and women.

5. Part IV of the report form. Judicial decisions relating to the application of the Convention. The Committee notes with interest the report on national law and practice with regard to equal remuneration and asks the Government to continue to provide information on any legislative and judicial developments in this regard.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report.

1. The Committee notes that the Ministry for the Advancement of Women, in collaboration with the Ministry of Labour and Employment carried out a project entitled "Equal pay - Challenge for democratic and economic development" within the EU framework strategy for gender equality. It also notes the holding of an international conference on equal pay in February 2002. Noting that a 1995 study of the gender wage gap revealed an unexplained difference of 11 per cent, the Committee looks forward to receiving a copy of the study on equal remuneration carried out under the above project, as well as information on the project’s implementation, and its impact on reducing the remuneration gap between men and women.

2. The Committee recalls the Government’s statement that wage differences between men and women generally do not originate in direct pay discrimination but rather in career breaks for family reasons and in the lack of promotion and career progress. In this respect, the Committee notes that difficulties encountered in applying the principle of equal remuneration for work of equal value are indeed intimately linked to the general status of women and men in employment and society, including with regard to the distribution of family responsibilities between men and women. The Committee therefore asks the Government to provide information on measures taken to encourage men and women to equally share family responsibilities and to better balance work and family life. While the Committee notes that the interventions of the equality representatives and mixed committees referred to in its previous direct request with regard to specific cases may be confidential, the Government is nevertheless requested to provide general information on how these representatives and committees carry out their mandate in practice with regard to the promotion of gender equality at work with specific reference to equal pay objectives, including an overall assessment on the obstacles experienced towards greater equality at the workplace.

3. With reference to its previous comments concerning the establishment of work evaluation systems based on non-sexist criteria, the Committee notes that in the framework of the abovementioned project, the Ministry for the Advancement of Women organized training sessions on job evaluation and classification for workers’ and employers’ representatives and elaborated proposals in this regard for incorporation in the National Action Plan for Employment. Please continue to provide information on these and other activities to promote the application of the Convention through objective evaluation of jobs, including information on any progress made as a result of the abovementioned training activities with regard to including non-discriminatory criteria for job evaluation and classification in collective agreements.

4. In this context, the Committee also notes from the report that a bill is under preparation, which would enable the negotiators of collective agreements to request legal opinions from the labour inspectorate on the conformity of the provisions of draft collective agreements with the principle of equality of opportunity and treatment. The Government is asked to keep the Committee informed of the progress made with regard to this initiative and to provide the text of the legislation when adopted.

5. In addition to the forthcoming report analysing the existing gender wage gap, the Committee asks the Government to provide statistical information on the distribution of men and women in the public and private sector by earnings level and hours of work, classified as indicated in the 1998 general observation on the Convention. Please also provide any court decisions relevant to the application of the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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 reads as follows:

1. The Committee notes that the Government’s report contains no reply to the request for information concerning the Bill to obtain parliamentary approval of the Convention which the Government, according to in its previous report, was in the process of drafting. The Committee therefore hopes that the Government will supply information in its next report on developments concerning the adoption of this Bill.

2. The Committee notes the Government’s indication that wage differences between men and women do not originate in unequal direct remuneration for the same work but rather in career breaks for family reasons and in the lack of promotion and career progress. The Government indicates that the equality representatives, established under the Act of 7 July 1998 in staff committees of public and private sector companies with over 15 workers, have an important function in raising awareness both in employers and in employees with regard to the sharing of family responsibilities by fathers. The Committee notes, however, that the Government has replied to its direct request regarding application of the Act of 7 July 1998 by stating that it poses no major problems. In noting the abovementioned observations by the Government and considering that, within the meaning of section 11bis(2) of the amended Act of 18 May 1979, introduced by the Act of 7 July 1998, the function of equality representatives is to defend equality of treatment between female and male workers in the establishment in regard to access to employment, training and professional advancement, remuneration and working conditions, the Committee hopes that the next report will supply information on the activities carried out by the representatives in the performance of this function. The Committee also hopes that the Government will supply information on individual or collective representations regarding equality of treatment between men and women which equality representatives may submit to employers under section 11bis(1)(d). In addition, the Committee would be grateful if the Government would supply in its next report information on activities set up in the private sector by the joint works committees in performance of the function established under section 11bis of the modified Act of 6 May 1974, introduced by the Act of 7 July 1998, which consists of monitoring rigorous respect for equality of treatment between men and women in regard to access to employment, training and professional advancement as well as remuneration and working conditions.

3. The Committee asks the Government to supply information on the measures taken or contemplated to implement the National Action Plan for the Implementation of the Declaration and Platform for Action adopted by the Fourth World Conference of Women held in Beijing from 4 to 15 September 1995 (2000 Action Plan) which lays down that the necessary measures shall be taken to guarantee the principle of equal remuneration for equal work or work of equal value and to encourage the establishment of work evaluation systems based on non-sexist criteria (Chapter 6.4.5).

4. As stated in its previous direct request, the Committee asks the Government to supply in forthcoming reports statistical information in respect of the current evolution of average wage rates for women as compared to those for men. In this regard, the Committee notes that section 13 of the amended Act of 18 May 1979 provides that the head of the corporation is obliged to provide statistics every six months, disaggregated by sex, on, inter alia, remuneration.

5. The Committee draws the Government’s attention to the fact that, according to the initial report and second periodical report of 1996 on measures taken to give effect to the Convention on the elimination of all forms of discrimination against women, the criteria for evaluation and classification contained in several collective agreements continue, nevertheless, to favour male workers. In this respect, the Committee asks the Government to keep it informed of any progress made since 1996 with regard to promoting application of the Convention in collective bargaining.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report.

1. The Committee notes that the Government’s report contains no reply to the request for information concerning the Bill to obtain parliamentary approval of the Convention which the Government, according to in its previous report, was in the process of drafting. The Committee therefore hopes that the Government will supply information in its next report on developments concerning the adoption of this Bill.

2. The Committee notes the Government’s indication that wage differences between men and women do not originate in unequal direct remuneration for the same work but rather in career breaks for family reasons and in the lack of promotion and career progress. The Government indicates that the equality representatives, established under the Act of 7 July 1998 in staff committees of public and private sector companies with over 15 workers, have an important function in raising awareness both in employers and in employees with regard to the sharing of family responsibilities by fathers. The Committee notes, however, that the Government has replied to its direct request regarding application of the Act of 7 July 1998 by stating that it poses no major problems. In noting the abovementioned observations by the Government and considering that, within the meaning of section 11bis(2) of the amended Act of 18 May 1979, introduced by the Act of 7 July 1998, the function of equality representatives is to defend equality of treatment between female and male workers in the establishment in regard to access to employment, training and professional advancement, remuneration and working conditions, the Committee hopes that the next report will supply information on the activities carried out by the representatives in the performance of this function. The Committee also hopes that the Government will supply information on individual or collective representations regarding equality of treatment between men and women which equality representatives may submit to employers under section 11bis(1)(d). In addition, the Committee would be grateful if the Government would supply in its next report information on activities set up in the private sector by the joint works committees in performance of the function established under section 11bis of the modified Act of 6 May 1974, introduced by the Act of 7 July 1998, which consists of monitoring rigorous respect for equality of treatment between men and women in regard to access to employment, training and professional advancement as well as remuneration and working conditions.

3. The Committee asks the Government to supply information on the measures taken or contemplated to implement the National Action Plan for the Implementation of the Declaration and Platform for Action adopted by the Fourth World Conference of Women held in Beijing from 4-15 September 1995 (2000 Action Plan) which lays down that the necessary measures shall be taken to guarantee the principle of equal remuneration for equal work or work of equal value and to encourage the establishment of work evaluation systems based on non-sexist criteria (Chapter 6.4.5).

4. As stated in its previous direct request, the Committee asks the Government to supply in forthcoming reports statistical information in respect of the current evolution of average wage rates for women as compared to those for men. In this regard, the Committee notes that section 13 of the amended Act of 18 May 1979 provides that the head of the corporation is obliged to provide statistics every six months, disaggregated by sex, on, inter alia, remuneration.

5. The Committee draws the Government’s attention to the fact that, according to the initial report and second periodical report of 1996 on measures taken to give effect to the Convention on the elimination of all forms of discrimination against women, the criteria for evaluation and classification contained in several collective agreements continue, nevertheless, to favour male workers. In this respect, the Committee asks the Government to keep it informed of any progress made since 1996 with regard to promoting application of the Convention in collective bargaining.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report.

1. The Committee notes that the Government of Luxembourg is drafting a Bill to obtain parliamentary approval of the Convention. The Committee requests the Government to keep it informed of any developments in respect of the adoption of this Bill.

2. The Committee notes with interest the adoption of the Act of 7 July 1998 amending: (1) the amended Act of 18 May 1979 constituting a reform of staff committees; and (2) the amended Act of 6 May 1974 establishing joint committees in private enterprises and organizing the representation of employees of corporations, envisaging the appointment of a minister for equality responsible for ensuring equal treatment between male and female workers with regards to access to employment, to training and to professional advancement, remuneration and working conditions. The Committee would be grateful if the Government would provide any information in its next reports in respect of the practical application of this legislation.

3. The Committee notes the information contained in the report provided by the Government to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) (United Nations document CEDAW/C/LUX/1 of 18 December 1996), that a study undertaken in March 1995 by CEPS/INSTEAD on income and living conditions found that the significant differences between the hourly rates of pay for men and those for women in the private sector had been greatly reduced since 1984. In 1984, the average hourly pay for a woman was the equivalent of 70.6 per cent of that for a man and by 1993 this had risen to 76.3 per cent. The Committee would be grateful if the Government would continue to provide statistical information in respect of the evolution of average wage rates for women with regard to those for men.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report and the attached documents.

1. The Committee notes the collective agreement of the CACTUS group (in the commercial wholesale sector) which sets out the principle of equal remuneration (section 17.1). The Committee notes that according to the Government, for reasons of their physical build, women cannot hold many of the jobs in the Villeroy and Boch factory. The Government indicates that, according to Villeroy and Boch, most of the jobs held principally by women (decorators, sorters, assemblers and finishers) are paid on a piece-work basis, which makes it possible to increase their wages by up to 65 per cent of the basic salary. The Committee requests the Government to indicate whether the basic wage is the same for men and women and whether, for the same piece that is produced, their remuneration is the same.

2. The Committee had noted the lack of provisions setting out the principle of equal remuneration in the collective agreements that were supplied, other than the agreement covering the Villeroy and Boch enterprise. The Committee notes, from the Government's report, the various legal measures and the supervision carried out by the labour inspection service, as well as at the time of the general compulsory registration of collective agreements, with a view to including the principle of equal remuneration for work of equal value in collective agreements. The Committee requests the Government to continue supplying information on the effect given in practice to section 4 of the Act of 12 June 1965 on collective labour agreements which provides that "any collective labour agreement must provide for: ... (iii) procedures for the application of the principle of equal remuneration without any discrimination on grounds of sex".

3. The Committee notes the texts of judicial rulings supplied with the report, which give an indication of the scope attributed to the principle of equal remuneration for work of equal value. The Committee requests the Government to continue to supply with future reports the texts of rulings relating to equal remuneration, as well as information on the activities of the labour inspection services (violations reported and sanctions imposed).

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in its report and the collective agreements attached to the report.

1. The Committee notes with interest section 2(3) of the collective agreement for the workers at the Villeroy and Boch enterprise, which lays down the principle of equal remuneration without discrimination on grounds of sex. In this collective agreement, the classification of jobs according to basic groups shows a concentration of women in wage groups 2, 3, 4 and 5, which are at the bottom of the table of indices of wage groups. The Committee requests the Government to indicate whether this classification has its origins in the fact that women workers are concentrated in jobs that are traditionally held to be typically female and whether measures have been taken or are envisaged, as regards vocational training and in other areas, to promote equality of opportunity in access to jobs that lie at the top of the scale of wage groups. It also requests it to supply comparative classifications on the distribution of men and women workers by wage group and by job in other collective agreements.

2. The Committee notes the lack of provisions setting out the principle of equal remuneration in the collective agreements that were supplied, other than the agreement covering the Villeroy and Boch enterprise. It requests the Government to indicate the measures that have been taken or are envisaged to encourage the social partners to include clauses in these agreements setting out the principle of equal remuneration for work of equal value in order to promote its application in practice.

3. The Committee notes the co-ordinated text of 21 July 1988 of the amended Grand Ducal Regulation of 4 April 1964 putting the remuneration of officials in communes, groups of communes and public establishments placed under the responsibility of the communes on a similar basis to that of state officials, and it notes in particular section 2(3) of the amended text under which, for identical work, the remuneration of women public servants is equal to that of men public servants.

4. The Committee refers to its previous comments and requests the Government to continue supplying with its future reports copies of judicial decisions handed down in respect of equal remuneration, including other allowances.