Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Articles 1 and 2 of the Convention. Application through laws and regulations. The Committee notes the definition of “gross wage” in section 78(1) of Labour Law No. 49/08, which is in accordance with the definition of remuneration set out in Article 1(a) of the Convention. It further notes however that the principle of equal remuneration for men and women for work of equal value is not explicitly included in Labour Law No. 49/08; nor does the Law explicitly state that rates of remuneration for men and women should be provided without discrimination based on sex. The Committee notes that sections 5, 6 and 7(1)(2) of the Law, read together, prohibit and define direct and indirect discrimination based on, among others, sex, including with respect to “working conditions and all rights based on the employment relationship”. Section 7(2) appears to provide additional protection against sex-based wage discrimination in individual labour contracts by stating that contractual provisions that are discriminatory on the basis of any of the grounds contained in section 5 of the Law shall be null and void. In addition, Law on Gender Equality No. 46/07 aims to regulate measures to “eliminate discrimination based on sex and the establishment of equal opportunities for women and men in all fields of social life” (section 1). Sections 8 and 9 of Law No. 46/07 provide that gender equality is provided for by special and general measures, which may include “measures of a normative nature by which discrimination based on sex is prohibited in certain fields and which order specific behaviour in certain conditions for the purposes of achievement of gender equality.” The Law also broadly defines and prohibits discrimination based on sex.

The Committee recalls its general observation of 2006 in which it underlined the importance of giving full legal expression to the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information as follows:

(i)    Any steps taken to insert a provision in Labour Law of No. 49/08 expressly providing for equal remuneration for men and women for work of equal value which would cover all elements included in the gross wage.

(ii)   Information on the practical application, including administrative or judicial decisions, of sections 5, 6, 7(1)(2) and 7(2) of Labour Law No. 49/08, in so far as it relates to equal remuneration between men and women for work of equal value.

(iii) Information on the practical application of the Law on Gender Equality No. 46/07, in particular with regard to measures taken with the aim of achieving equal remuneration for men and women for work of equal value.

(iv)  Any other measures taken or envisaged, including studies or surveys on gender differences in remuneration in the private or public sector, to promote the practical application of the principle of the Convention.

Determination of wages – minimum wages and collective agreements. The Committee notes that pursuant to section 77(1) of Labour Law No. 49/08 employees shall be entitled to an adequate wage to be determined in accordance with the law, collective agreements and labour contracts. With respect to collective agreements, its notes that pursuant to section 149 collective agreements at general, branch and individual employer level shall regulate the minimum wage, the elements determining the basic wage, wage compensation, and other earnings of employees. The minimum wage at national level for the general economy and the public sector shall be determined by general collective agreement (sections 81 and 149(1)) while branch and individual collective agreements shall regulate minimum wages at the level of industry or the specific employer (section 149(2) and (3)). The Committee asks the Government to provide copies of any collective agreements adopted at general, branch and individual employer levels addressing the issue of wage discrimination and equal remuneration for work of equal value. The Government is also requested to provide information on how it is being ensured that the principle of equal remuneration for men and women for work of equal value is being taken into account in the context of collective bargaining, and that minimum wage rates, the elements determining the basic wage, wage compensation, and other earnings of employees are fixed without discrimination based on sex.

Public sector. The Committee notes that Labour Law No. 49/08 applies to employees in state authorities, state administration authorities, local self-government authorities and public services, as well as employed foreign citizens and persons without citizenship, unless regulated otherwise by the law (sections 2(2) and (3)). In addition, Law on Civil Servants and State Employees No. 27/04 provides that “civil servants, i.e. state employees, are entitled to a salary and to allowances and other benefits in accordance with a specific law” (section 53). The Committee asks the Government to indicate any areas of public sector employment not covered by Labour Law No. 49/08. The Committee also asks the Government to supply a copy of the legislation establishing the salaries, allowances and benefits of civil servants and state employees, and to provide statistics disaggregated by sex on their distribution in the different grades indicating the corresponding remuneration levels. Please also indicate the manner in which it is ensured that remuneration for civil servants and state employees is determined in accordance with the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective evaluation of jobs. In the absence of any information on this point, the Committee asks the Government to provide information on the measures taken to promote the use of objective job evaluation methods as envisaged under Article 3.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that a tripartite social council has been established. The Committee asks the Government to provide information on the concrete steps taken, including by the tripartite social council, to promote the application of the Convention through cooperation with workers’ and employers’ organizations in accordance with Article 4.

Parts III and IV of the report form. The Committee notes that the labour inspection services are responsible for supervising labour matters, and pursuant to Law on Gender Equality No. 46/07 complaints on sex discrimination can be submitted to the Ministry for the Human and Minority Rights Protection. The Committee asks the Government to provide indications on how labour inspectors supervise the application of sections 5, 6 and 7 of Labour Law No. 49/08 and whether any breaches of these provisions have been found which specifically relate to wage inequalities between men and women. Please also provide information on the number and nature of any cases involving sections 5, 6 and 7 that have been decided by the courts and that involve unequal remuneration between men and women, or complaints dealt with by the Ministry for the Human and Minority Rights Protection, and the remedies provided.

Part V of the report form – Statistics. The Committee asks the Government to provide statistical information on levels of remuneration received by men and women in the public and private sectors, as far as possible in accordance with the Committee’s general observation of 1998 (attached for ease of reference). Please also provide statistics of the gender wage gap.