Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Equal Remuneration Convention, 1951 (No. 100) - Russian Federation (Ratification: 1956)

Other comments on C100

Observation

Direct Request

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The Committee notes the observations of the Confederation of Labour of Russia (KTR) received on 31 August 2021.

Article 3 of the Convention. Objective job evaluation. The Committee notes the Government’s indication, in its report, that section 132 of the Labour Code provides that remuneration shall depend upon qualifications, complexity of work, and quantity and quality of the work performed. In that regard, the Government refers to: (1) the adoption of Federal Act No. 238-FZ of 3 July 2016 on Independent Assessment of Qualifications, which establishes the procedure for confirming the qualifications of employees or persons applying for a specific job; and (2) the corresponding amendments introduced as a result into the Labour Code (Federal Act No. 239-FZ of 3 July 2016) and the Tax Code (Federal Act No. 251-FZ of 3 July 2016). The Committee notes the Government’s indication that wage differences between men and women are not based on gender but rather on the complexity of the work performed and the effectiveness of the employee. In that regard, it notes that, in its observations, the KTR highlights that recommendations to introduce gender neutral methods for job evaluation that would focus on the content of work and not on the skills and characteristics of those performing it, are not being developed at the state level. The KTR further regrets the lack of access to information on salaries or the possibility to make comparisons. The Committee wishes to recall that while criteria such as quality and quantity of work may be used to determine the level of earnings, the use of only these criteria is likely to have the effect of impeding an objective evaluation of the work performed by men and women to determine the value of such work. Indeed, the effective implementation of the principle of the Convention requires some method of measuring and comparing the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skill, effort, responsibilities and working conditions, in order to avoid the assessment being tainted by gender bias. Therefore, objective job evaluation is concerned with evaluating the job and not the performance of an individual worker in carrying out his or her job (see 2012 General Survey on the fundamental Conventions, paragraphs 695 and 696). The Committee asks the Government to provide information on:

(i)the measures taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs, in both the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work; and
(ii)any measures envisaged or elaborated to enable access to information on salaries, such as wage transparency policies, so as to ensure the possibility of comparing remuneration levels.

Articles 2(2)(c) and 4. Collective agreements and collaboration with the social partners. The Committee notes that, in its report submitted to the United Nations (UN) Committee on the Elimination of Racial Discrimination (CERD) in 2020, the Government states that given the economic independence of business entities, collective bargaining is a key factor in regulating compensation of employees. In accordance with the current legislation, employees may influence the level of their wages and salaries when entering into collective agreements and industrywide pay scale agreements (CERD/C/RUS/25-26, 3 July 2020, paragraph 331). The Committee welcomes the tripartite General Agreement for 2021-2023 concluded between all the trade union associations, all the employers’ associations and the Government, which specifically provides that: (1) if violations of the principle of equal pay for men and women are identified, regarding equal value, the parties to the Agreement shall develop measures to eliminate such violations; and (2) collective bargaining should be enhanced regarding regulation of employee’s remuneration. Recalling the important role of workers’ and employers’ organizations with regard to giving effect to the provisions of the Convention, the Committee asks the Government to provide information on:

(i)the manner in which the application of the Convention is promoted through collective agreements;
(ii)the actions undertaken to promote the implementation of the principle of equal remuneration for work of equal value with the cooperation of the social partners, in particular in the framework of the tripartite General Agreement for 2021-2023, and the results of such initiatives; and
(iii)any violations of the principle of equal remuneration for men and women for work of equal value identified and any measures developed, by the Government and the social partners, to eliminate such violations.

Awareness-raising and enforcement. The Committee notes with regret the repeated lack of information from the Government on the enforcement of the legal provisions relating to equal remuneration, as well as on cases dealt with by the competent administrative and judicial authorities. It draws the Government’s attention to the fact that this may be due to the lack of awareness of or access to the respective rights and procedures, and to the remedies provided for under the law, or to fear of reprisals. In light of the wide and persistent gender pay gap, the Committee again asks the Government to provide information on:

(i)any proactive measures taken in order to raise public awareness of the relevant legislative provisions, and of the procedures and remedies available in relation to equal remuneration for men and women for work of equal value
(ii)the number of labour inspections carried out and pay inequality cases between men and women identified and the number of pay inequality cases dealt with by the competent administrative and judicial authorities, the sanctions imposed and remedies granted.