Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Repetition

The Committee notes the complexity of the situation prevailing on the ground and the armed conflict in the country.

Article 1(a) of the Convention. Definition of remuneration. Noting that the Government report is silent on this point, the Committee once again asks the Government: (i) to indicate whether the definition of “wage” in section 1 of the Labour Law 2010 is intended to apply to the term “pay” as used in section 75(a) of the Labour Law; and (ii) to take steps to ensure that all emoluments whatsoever payable directly or indirectly, whether in cash or in kind, including travel allowances and daily expenses, are included in the determination of equal pay for work of equal value under section 75(a).

Article 2. Scope of application of the Labour Law. In its previous comment, the Committee requested the Government to indicate the manner in which the principle of equal remuneration for men and women for work of equal value is guaranteed for certain groups of workers excluded, by section 5(a) of the Labour Law, from the scope of protection of section 75 of the Law, such as civil servants subject to the Basic Law on State Employees (No. 50/2004); workers subject to the Agricultural Relations Law; domestic, casual and part-time workers. The Committee notes the Government’s indication that the wages of workers excluded from the Labour Law are specified in their contracts or specific text and that their rights in that regard cannot be less than the rights specified in the provisions of the Labour Law. Noting the Government statement that there are dissuasive penalties so as to protect the right to equal remuneration between national or migrant workers, the Committee recalls that the principle enshrined in the Convention concerns the right to equal remuneration for men and women for work of equal value, including migrant workers.The Committee asks the Government to provide information on the measures taken to ensure that the abovementioned groups of workers – who are excluded from the Labour Law – benefit from the principle of equal remuneration for men and women for work of equal value. It further asks the Government to provide information on any measures taken to ensure that, in the determination of their remuneration, their work is not being undervalued due to gender stereotypes.

Occupational segregation. The Committee previously noted the persisting occupational segregation (Central Bureau of Statistics (2008 statistics)) and requested the Government to provide relevant up-to date statistics, disaggregated by sex, showing the evolution in respect of the earnings of men and women. In the absence of any information on this point, the Committee recalls that appropriate data and statistics are essential in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures.Consequently, the Committee asks the Government to provide detailed statistics on the participation of men and women, including migrant workers, in the labour market and on their wages, disaggregated by sex, in the various economic sectors and occupations, including the public sector, and at different levels of responsibility, including management positions. It further asks the Government to provide information on any measures taken to improve women’s access to better-paid occupations, including for women working in female-dominated industries and occupations. Please also communicate any available statistical data on the evolution of the gender wage gap.

Application in practice. Noting that in its report, the Government is silent on this point, the Committee recalls that no society is free from discrimination and constant efforts are needed to take action against it. Further, it recalls once again that, where no cases or complaints, or very few, are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases on discrimination in remuneration could also indicate that the system of recording violations is insufficiently developed (see General Survey on the fundamental Conventions, 2012 paragraph 870).In this regard, the Committee once again asks the Government to provide information on any cases of complaint on discrimination in remuneration registered in the private and public sectors, as well any judicial or administrative decisions concerning equal remuneration for men and women for work of equal value.