Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Allemagne (Ratification: 1956)

Autre commentaire sur C100

Observation

Demande directe

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Assessment of the gender pay gap. The Committee previously noted with concern that the gender pay gap (average gross hourly wage) had continued to increase, reaching 23.2 per cent in 2008. The Committee notes that the gender pay gap remained roughly unchanged at 23 per cent in 2010 (Federal Statistics Office). In this regard, a number of studies show three main causes explaining the wage differential: shortage of women in certain professions or sectors and in executive positions; more and longer career breaks, as well as part-time work for family reasons; and the undervaluation of “typically women’s work” in individual and collective working relationships. Furthermore, according to the analysis undertaken by the Federal Statistics Office, as part of the “Earnings disparities between men and women” project, part of the gender pay gap could be explained by differences in personal circumstances and jobs (education and work experience, job level, career choices). However, the study still found a difference of 8.5 per cent in pay that could not be accounted for and, therefore, could be ascribed to sex discrimination. The Committee further notes that, according to the data collected by the Federal Statistics Office, the gender pay gap is significantly higher in the private sector than in the public sector and in the federal public services. The level of wage discrimination against women is higher in female-dominated sectors (education, banking sector). Further, the gender pay gap appears to increase with the job level. Finally, earnings disparities between female and male workers are less pronounced in the eastern part of Germany. The Government indicates that the first Equality Report, drafted by an independent commission and endorsed by the Federal Government on 15 June 2011, focuses on a strategy tackling the causes of pay inequality and proposes comprehensive and sustainable equality policies with a view to reducing gender-related disadvantages resulting from career choices. Noting that, as part of the Europe 2020 Strategy, the Federal Government has committed to narrowing the gender pay gap by 10 per cent by the year 2020, the Committee asks the Government to provide detailed information on the measures, taken or envisaged, to address more effectively the structural causes of the gender pay gap, including occupational segregation, career breaks and childcare availability and the impact of such measures on reducing the gender pay gap. The Committee also asks the Government to continue to provide the most recent statistical data on remuneration levels and information on the nature and extent of wage discrimination in the various economic sectors and occupations, including higher level posts, in the public and private sectors.

Public sector. The Committee notes that the second progress report under the Federal Equality Act, submitted to the Parliament in 2010, includes a survey on pay inequalities in the public sector. According to this report, one of the main causes of the gender pay gap is the undervaluation of jobs predominantly carried out by women and the failure of the social partners to address this issue in collective bargaining. The Committee also notes that the new public service pay scales are currently being negotiated. Further to its previous comments, the Committee asks the Government to indicate the methods used in order to ensure that public sector pay regulations are being established in compliance with the principle of equal remuneration for men and women for work of equal value, and to provide information on any follow-up given to the recommendations made in the abovementioned report.

Collective agreements and collaboration with social partners. The Committee notes that the Government pursues, in cooperation with the social partners, the implementation of a number of programmes and initiatives promoting equal remuneration for men and women for work of equal value, including “Equal Pay Day” and “Women’s wage indicator”, European Union-funded tool which, like the 2007 “Fair P(l)ay guidelines”, offers guidance in the negotiation of individual pay. It also notes the several joint initiatives of the Government and the trade unions aimed at raising awareness on wage disparities between men and women workers (“I’m worth more” and “Women as breadwinners” initiatives). Finally, the Committee also notes that the collective agreement, concluded by Bundesarbeit geberverbands Chemie (BAVC) and Industrie gewerkschaft Bergbau Chemie, Energie (IG BCE) in 2006 in the chemical industry sector and which set up family-friendly measures, such as flexible working hours and childcare support, has provided a framework for over a hundred company-level collective agreements. The Committee asks the Government to continue to provide specific information on the provisions of collective agreements supporting the implementation of the principle of the Convention, as well as on other measures taken to promote, in cooperation with the social partners, the principle of equal remuneration for men and women for work of equal value.

With regard to business associations’ initiatives promoting equal pay for men and women for work of equal value, the Committee takes note of the 2001 Agreement, concluded between the Government and the leading German business associations, to, inter alia, enhance training prospects and work opportunities for women, reconcile work and family life and reduce income disparities between men and women. According to the Fourth Equal Opportunities Audit, conducted in 2011 as part of the Agreement, progress has been achieved in creating and improving equality of opportunity between men and women workers. Nevertheless, the findings revealed the perpetuation of gender-specific patterns in career choices and the persistent undervaluation of work predominantly carried out by women. In this regard, the Committee notes that to complete the Agreement, up to ten regional business networks will be established at local level throughout the country, with a view to better addressing issues relating to the promotion of equal opportunities between men and women workers and to developing a constructive dialogue with employers. Furthermore, two specific programmes aim to reconcile work and private life by creating more flexible, family-conscious working time models (“Family – factor for success” programme) and by avoiding career breaks (2010–12, “Changing business cultures – avoiding career breaks” programme). The Committee asks the Government to provide information on the implementation of the abovementioned initiatives and programmes and their impact on the reduction of the gender pay gap.

The Committee also notes that in 2010, the German Rural Women’s Confederation held, with funding from the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, a symposium offering theoretical and practical views on ways to tackle the urban–rural divide as regards equal pay. Based on the findings of the symposium, recommendations were made to raise the value attributed to careers carried out at home and to examine career choice trends of boys and girls in rural areas. The Committee asks the Government to provide information on any follow-up action taken on the basis of the conclusions of the symposium to promote equal pay for men and women for work of equal value in rural areas.

Tools and objective job evaluation. The Committee notes the 2010–12 “Logib-D” project, initiated by the Federal Ministry of Family Affairs, Senior Citizens, Women and Youth, which offers free consultancy and expertise to 200 selected enterprises to help them analyse their wage structure, identify the factors underlying the gender pay gap in their establishment and, based on the consultant’s report, develop tailored solutions to close the gender pay gap. The Committee further notes the development of “eg-check”, a tool which analyses the pay structure of a company and identifies potential wage discrimination, in light of domestic and European Union legislation. The Committee asks the Government to supply information on the use of these tools and their impact in reducing the gender pay gap. The Committee further asks the Government to provide information on any measures taken to encourage the development and implementation of objective job evaluation methods.

Enforcement. The Government indicates that the Anti-Discrimination Office, which seeks, inter alia, to provide out-of-court advice to individuals, is collecting key findings on pay inequality. The Committee asks the Government to provide information on the findings on pay inequality, any conclusions or recommendations of the Anti-Discrimination Office, and any follow-up thereto. The Committee also asks the Government to continue to supply information on the number, nature and outcome of cases concerning equal remuneration for men and women for work of equal value decided by the competent administrative authorities and the courts.