Equal Remuneration Convention, 1951 (No. 100) - Serbia (RATIFICATION: 2000)

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The Committee notes the Government’s reports received in 2017 and 2022. The Committee notes the observations of the Trade Union Confederation “Nezavisnost”, received with the Government’s report.

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap its underlying causes. The Committee notes the Government’s indication, in its report, that objective 2.3 of the Gender Equality Strategy Action Plan 2016-2018 sought the equal participation of men and women in the labour market, which implied the removal of the hurdles faced by women in accessing employment, career advancement, vocational upgrading of skills and training without discrimination. The Committee notes the Government’s indication that some employers continue to unjustifiably include requirements of family and marital status in job applications, listed vacancies and job interviews, or to automatically exclude women due to a presumption of their inability to reconcile private and professional obligations. The Committee notes, from the observations of the Nezavisnost that there are more women than men with tertiary level qualifications registered as unemployed and that women are more at risk of long-term unemployment than men. The Committee notes with regret that the Government has not provided information on the earnings of men and women. It notes that, according to Eurostat data, the unadjusted gender pay gap in 2018 was at 9.6 per cent. The Committee further notes, from the concluding observations of the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), the persistent gender pay gap and vertical and horizontal occupational segregation in the labour market. The Committee also notes the high unemployment rates, in particular among Roma women, women with disabilities and rural women (CEDAW/C/SRB/CO/4, 14 March 2019, para. 35). It further notes, from the report of the UN Entity for Gender Equality and the Empowerment of Women (UN Women) entitled “Economic Value of the Unpaid Care Work in the Republic of Serbia”, that women, to a large extent, tend to have part-time and underpaid jobs. Women also tend to be in part-time employment more than men, and 95 per cent of women stated that the care for own children or others in need was the main reason for this situation (only 4 per cent of men cited this reason). Additionally, 63 per cent of women stated that other family and personal reasons made them work less than full-time. The Committee requests the Government to step up its efforts and take the necessary measures to:

• (i)address effectively horizontal and vertical occupational segregation between men and women; and
• (ii)promote the participation of women in the labour market in a wider range of occupations, including through awareness raising and sensitization to overcome gender stereotypes. The Committee requests the Government to provide information on:
• (i)any measures taken in this respect, including measures addressing the specific situation of rural women, Roma women and women with disabilities, and the results achieved; and
• (ii)the earnings of men and women both in the private and the public sectors and on the evolution of the gender pay gap.

Articles 1(b) and 2(2)(a). Work of equal value. Legislation. In reply to its previous comment, the Committee notes the Government’s indication that section 104 of the Labour Code provides for “equal pay for men and women for equal work or work of same value” with the “same employer”. The Committee recalls that application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise. It allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers (see the 2012 General Survey on the fundamental Conventions, paragraph 697). The Committee further notes the Government’s indication that, with regards to section 104 of the Labour Code, “work of the same value is defined as the work for which the same qualifications, same working ability, responsibility as well as physical and intellectual works are needed”. The Committee also notes the adoption of the Law on Gender Equality 2021, and its section 34 which provides that “Employees shall be guaranteed equal pay, either in cash or in goods and services, directly or indirectly, for the same work, or work of equal value for the employer, in line with the law governing employment relations”, and that “Work of equal value shall refer to work for which the same level of qualification or education, knowledge and ability is required, in which equal contribution has been made with equal responsibility”. In this regard, the Committee notes that these definitions of “work of equal value” are much narrower than the concept provided for in the Convention, as it should go beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see the 2012 General Survey, paragraphs 672-679). The Committee therefore urges the Government to amend section 104 of the Labour Code and section 34 of the Law on Gender Equality:

• (i)by amending the definition of “work of equal value” to ensure that equal remuneration for men and women is also provided when the jobs to be compared do not require the same level of education, working ability, responsibility as well as physical and intellectual work, but are nevertheless overall of equal value; and
• (ii)by ensuring that application of the principle of the Convention is not limited to the “same employer” but also between jobs performed by men and women in different places or enterprises, or between different employers. The Committee asks the Government to provide information on the progress achieved in this regard.

Article 3. Objective job evaluation. The Committee takes note of the adoption of the Law on the System of Salaries for Public Sector Employees 2020. It notes the Government’s indication that the new law created the normative framework for the transition to a new system of salaries in which classification of jobs, positions and appointments is done in 13 pay groups (section 11). The values of jobs, positions and appointments which belong to a certain pay group are determined as values in the range of three initial pay grades of this group (section 12). In this regard, the Committee refers to paragraph 701 of its 2012 General Survey and recalls that whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. The Committee asks the Government to provide information on:

• (i)how it is ensured that the method used for the objective evaluation of jobs in the public sector is free from gender bias; and
• (ii)any measures taken to promote the use of objective job evaluation method in the private sector, such as through awareness-raising and the inclusion of objective job evaluations in collective agreements.

Enforcement. The Committee notes the Government’s indication that labour inspectors are responsible for determining whether employees are entitled to equal pay for the same work or work of equal value. To this end, labour inspectors refer to the employment contract and whether employees, regardless of gender, have the same contracted amounts of basic wages for the same type of work, as well as elements for determining work performance, salary compensation, increased salaries and other employee benefits. The Committee notes the Government’s indication that, in 2016, the labour inspectorate did not find any case of discrimination with regard to remuneration and no complaints were brought forward in this regard. The Government also declares that, in 2020, there were no findings of breach of the principle of equal remuneration for work of equal value, and that the Commissioner for the Protection of Equality did not receive any complaints related to equal pay in 2021. In this regard, the Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to 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 could also indicate that the system of recording violations is insufficiently developed. The Committee also stresses the need to collect and publish information on the nature and outcome of discrimination complaints and cases, as a means of raising awareness of the legislation and of the avenues for dispute resolution, and in order to examine the effectiveness of the procedures and mechanisms (see the 2012 General Survey, 2012, paras. 850, 870 and 871). The Committee further takes note of the Government’s indication that the Labour Inspectorate organizes and attends meetings with representative associations of employees, in order to strengthen social dialogue and to more effectively protect the rights of employees. The Government also indicates that, in order to promote equality and better inform citizens about the concept and forms of discrimination, methods of protection and the work of the institution, the Commissioner for the Protection of Equality continuously provides trainings on the concept of discrimination and protection mechanisms to labour inspectors, representatives of local self-governments, officials of the National Employment Service, trade unions members and others. The Committee also notes that the Commissioner developed a Handbook on equal pay which clarifies the way in which equality bodies can perceive and prove cases of discrimination when it comes to unequal pay, most often of women, for work of equal value. The Committee asks the Government to:

• (i)continue to raise awareness of the legislation on equal pay among relevant authorities, social partners, and the general public;
• (ii)enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials to prevent and detect cases of unequal remuneration between men and women for work of equal value; and
• (iii)examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully.

The Committee also requests the Government to continue to provide specific information on:

• (i)the number of cases of wage discrimination detected by the labour inspectors as well as the number of claims dealt with by them, by the Commissioner for the Protection of Equality or any other competent authority, including extracts of relevant reports, and their outcomes;
• (ii)any activities carried out or envisaged by these institutions to foster understanding of the principle of equal remuneration for men and women for work of equal value among workers and employers and their organizations, labour inspectors, judges and other relevant target groups; and
• (iii)any cases concerning violations of the Convention’s principle which have been decided by the courts.

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The Committee notes the observations of the Confederation of Autonomous Trade Unions of Serbia (CATUS) annexed to the Government’s report which was received on 18 November 2014.

Articles 1 and 2 of the Convention. Assessing the gender pay gap and addressing its underlying causes. The Committee notes from the Government’s report that the gender wage gap is around 17 per cent. The Government also mentions a study published by the Foundation for the Advancement of Economics (FREN) in 2013, which indicates that the adjusted gender wage gap is 11 per cent (7.5 per cent in the public sector), whereas the unadjusted gap (average difference between men and women wages) amounts to only 3.3 per cent because women who work are better qualified than men who work. The study also indicates that women face high barriers at the point of entry in the labour market, so they need to be better qualified than men on average to be able to access employment in the first place, and it concludes that the relatively low gender wage gap is due to the low participation of women in the labour market. In its observations, the CATUS points out that, although discrimination on the basis of pregnancy or maternity is prohibited, some employers are reluctant to recruit young women who are likely to get married or become mothers. The Committee further notes that the Government points out that no methodology is precise enough to determine the causes of the gender pay gap and also indicates that differences in wages result from differences in men’s and women’s economic activities and employment and the existence of typical “male” or “female” occupations as well as differences relating to access to ownership and resources, contracts of employment, working hours, levels of positions and regions. The CATUS asserts that the gender pay gap is due to horizontal occupational gender segregation, with more women in education and social protection for instance, which results from social traditions and a general decline of employment opportunities. The Government also indicates that rural women face specific problems, including a high unemployment rate, few employment opportunities outside their households and outside the agricultural sector, work overload on family farms, absence of income or social protection. The Committee notes the Government’s general statement that it is implementing studies and measures, that it organizes inspections, that it participates in relevant international seminars and that it promotes equal pay. It also notes the adoption of the National Strategy for the Improvement of the Status of Women and Promotion of Gender Equality for 2009–15 (CEDAW/C/SRB/CO/2-3, 30 July 2013, para. 5). The Committee requests the Government to take the necessary measures to address effectively horizontal and vertical occupational segregation between men and women and promote the participation of women in the labour market in a wider range of occupations, including through awareness raising and sensitization to overcome gender stereotypes. Please provide information on any measures taken in this respect, including measures addressing the specific situation of rural women, whether in the framework of the National Strategy for the Improvement of the Status of Women and Promotion of Gender Equality for 2009–15 or otherwise, and the results achieved. Please also continue to provide specific data on the earnings of men and women both in the private and the public sectors and on the evolution of the gender pay gap.

Article 1(b). Work of equal value. Legislation. The Committee notes the adoption of the Gender Equality Act in December 2009 (Official Gazette, No. 104/09). It notes that an unofficial English translation of section 17 of the Act refers to the right to equal remuneration for work of equal value “with the employer” (like section 104 of the Labour Code), whereas the Government when referring to section 17 in its report, mentions “equal pay for equal work or work of equal value in the same establishment”. The Committee recalls that section 104 of the Labour Code further defines “work of equal value” as “the work for which the same educational level, same working ability, responsibility as well as physical and intellectual works are needed”. The Committee requests the Government to clarify whether the expression “with the employer” in section 17 of the Gender Equality Act and section 104 of the Labour Code means “with any employers” or “with the same employer”. Given the occupational gender segregation, the Committee requests the Government to review the definition of “work of equal value” set out in section 104 of the Labour Code to ensure that equal remuneration for men and women is also provided when the jobs to be compared do not require the same level of education, working ability, responsibility as well as physical and intellectual work, but are nevertheless overall of equal value.

Enforcement. The Committee welcomes the detailed information provided by the Government on the work of the labour inspectorate and the Commissioner for Protection of Equality on gender equality issues. It notes however that this information does not relate to equal remuneration for work of equal value but rather to gender discrimination in employment and occupation. The Committee requests the Government to provide specific information on the number of cases of wage discrimination detected by the labour inspectors as well as the number of claims dealt with by them, by the Commissioner for the Protection of Equality or any other competent authority, including extracts of relevant reports, and their outcomes. The Committee also requests the Government to provide specific information on any activities carried out or envisaged by these institutions to foster understanding of the principle of equal remuneration for men and women for work of equal value among workers and employers and their organizations, labour inspectors, judges and other relevant target groups. Please also indicate whether any cases concerning violations of the Convention’s principle have been decided by the courts.

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Assessment and analysis of gender pay gap. The Committee notes the Government’s indication that the gender wage gap is 15 per cent. The Committee asks the Government to provide detailed statistical information on the earnings of men and women, according to sector or industry, and, if possible, according to occupation, as well as any available studies and reports on the gender pay gap and its underlying causes. The Committee asks the Government to provide information on any measures taken to reduce such gap, in particular through addressing the occupational segregation of women into certain lesser paid occupations and improving their access to better paid jobs and managerial positions, as well as on the results achieved in this respect.

Work of equal value. Legislation. The Committee recalls that the principle of equal remuneration for work of equal value is set out in section 104 of the Labour Code, which further defines “work of equal value” as “the work for which the same educational level, same working ability, responsibility as well as physical and intellectual works are needed”. The Committee asks the Government to consider reviewing the definition of “work of equal value” in section 104 of the Labour Code to ensure that equal remuneration is also provided when the jobs to be compared do not require the same level of education, working ability, responsibility as well as physical and intellectual work, but are nevertheless overall of equal value.

Application of the principle through collective agreements. The Committee asks the Government to provide information on how the principle of equal remuneration between men and women for work of equal value is reflected in the national collective agreement and in any other collective agreements currently in force.

Training and awareness raising. While noting the information provided by the Government on the institutional structure in charge of awareness-raising activities regarding the principle of the Convention, the Committee asks the Government to provide information on the specific activities that have actually been carried out or are envisaged to foster understanding of the principle of equal remuneration for men and women for work of equal value among workers and employers and their organizations, labour inspectors, judges and other relevant target groups, in particular any training provided on the concepts of “work of equal value” and objective job evaluation to compare the relative value of different jobs.

Enforcement. The Committee recalls that monitoring compliance with section 104 of the Labour Code falls within the mandate of the labour inspectorate. It notes that, pursuant to the 2009 Law on the Prohibition of Discrimination, the Commissioner for the Protection of Equality is competent to examine and act upon claims alleging the violation of the principle of equal remuneration for work of equal value (sections 16 and 33 read together). The Committee asks the Government to provide information on the number of wage discrimination claims dealt with by the labour inspectors, the Commissioner for the Protection of Equality or any other competent authority, including extracts of relevant reports, and their outcomes. The Committee also encourages the Government to carry out awareness-raising activities among workers in respect of the legal framework for submitting a claim alleging discrimination in remuneration. Please also indicate whether any cases concerning violations of the Convention’s principle have been decided by the courts.

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Assessment of the gender remuneration gap. The Committee notes from the publication Women and Men in Serbia issued by the Statistical Office of the Republic of Serbia in 2008 that in four sectors of economic activity women earned on average slightly more than men, while in the remaining 11 sectors women earned between 7–27 per cent less than men. The gender remuneration gap was smallest in public administration and social insurance and widest in fishing. Analysing the gender remuneration gap by occupation, the study entitled “The position of women and men on the labour market in Serbia” issued jointly by the Government’s Gender Equality Council and the United Nations Development Programme (UNDP) in 2008, found that the smallest gap was observed in clerical occupations and the greatest among skilled agricultural workers. The Committee asks the Government to continue to provide statistical information on the earnings of men and women according to sectors of economic activity and occupation. It also asks the Government to provide information on any studies carried out or envisaged to examine the causes of the existing gender remuneration gap.

Article 2 of the Convention. Application of the Convention through legislation. The Committee recalls that the principle of equal remuneration for work of equal value is set out in section 104 of the Labour Code. It notes that the Recommendations issued in conjunction with the abovementioned study suggest that the Labour Code should be amended so that violations of the principle of equal remuneration are clearly defined as gender-based discrimination. The Committee asks the Government to provide information on the measures taken to implement this recommendation.

In its report, the Government clarifies that monitoring compliance with section 104 of the Labour Code falls within the mandate of the labour inspectorate. However, the Committee notes from the abovementioned study that the labour inspectorate does not hold systematic and accurate data on violations of the equal pay principle. The Committee asks the Government to provide information on the manner in which the labour inspectorate monitors compliance with section 104 of the Labour Code, as well as information on any steps taken to compile and analyse data regarding violations of these provisions. Please also indicate whether any cases concerning violations of the Convention’s principle have been decided by the courts.

Collective bargaining. The Committee asks the Government to provide information on how the principle of the Convention has been included in collective agreements.

Training and awareness raising. The Committee stresses the importance of awareness raising and training on the principle of equal remuneration for men and women for work of equal value among workers’ and employers’ and their organizations, labour inspectors, judges and other relevant target groups. The Committee asks the Government for information on any steps taken to provide such training.

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1. Articles 1 and 2 of the Convention. Application through laws and regulations. The Committee notes that the Labour Law of 2005 applies to employees of public bodies, territorial autonomy bodies, local self-government and public services, unless the law stipulates otherwise (section 2). It asks the Government to indicate any areas of public employment not covered by section 104 of the Labour Law and to provide detailed information on the laws, regulations and mechanisms in place determining remuneration in the public sector. In this regard, please also indicate the manner in which it is ensured that remuneration in the public sector, including the civil service, is determined in accordance with the principle of equal remuneration for men and women for work of equal value.

2. Articles 2 to 4. Practical application. The Committee notes that the Government’s report contains no information on the application of the Convention in practice. In this regard, the Committee asks the Government to provide further information on the following matters:

(a)   how the principle of equal remuneration for work of equal value is taken into account in the context of collective bargaining;

(b)   how labour inspectors supervise the application of section 104, paragraphs 2 to 4, of the Labour Law and whether any breaches of this provision have been found. Please also provide information on any cases involving section 104, paragraphs 2 to 4, that have been decided by the courts;

(c)   the measures taken to promote the use of objective job evaluation methods as envisaged under Article 3;

(d)   the concrete steps taken to promote the application of the Convention through cooperation with workers’ and employers’ organizations in accordance with Article 4; and

(e)   statistical information on levels of remuneration received by men and women, as far as possible in accordance with the Committee’s general observation of 1998.

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1. The Committee notes the adoption of Act No. 2004/2 of 19 February 2004 on gender equality, section 13 of which deals with gender equality in employment in Kosovo, and asks the Government to provide information on its application in practice. It also notes the adoption of the Labour Act of Montenegro of 9 July 2003. Awaiting translation, the Committee will examine the Act at its next session.

2. The Committee reiterates its previous request to the Government to provide information, in accordance with Parts I to VI of the report form, that will enable the Committee to assess the application of the Convention. Such information should include relevant legislation and administrative regulations, collective agreements, court decisions and arbitration awards, and any measures to promote or to ensure the application of the principle of equal remuneration between men and women for work of equal value.

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The Committee notes that the Government’s first report contains no information which would enable the Committee to assess the application of the Convention. The Committee expresses the hope that the Government’s next report will contain full information, including legislation and administrative regulations, collective agreements, court decisions and arbitration awards, on any measures to promote or to ensure the application of the principle of equal remuneration between men and women for work of equal value in accordance with Parts I to VI of the report form approved by the Governing Body.