Equal Remuneration Convention, 1951 (No. 100) - Montenegro (RATIFICATION: 2006)

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1 and 2 of the Convention. Gender pay gap. With reference to its previous comments, the Committee notes that Government’s report merely repeats its previous statement, that the Ministry of Human and Minority Rights and MONSTAT are developing a gender equality index, which will measure gender equality in a range from one (complete inequality) to 100 (complete equality) in the areas of work, knowledge, money, health, time and power. It notes that the 2018 edition of the biannual publication Women and Men in Montenegro of the Ministry of Human and Minority Rights and the Statistical Office of Montenegro (MONSTAT) once again does not provide statistics on wages nor does it undertake an analysis of the nature and extent of the gender pay gap. The Committee notes, from the 2017 concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that the gender pay gap remained high at 16 per cent, resulting in lower pension benefits and a higher risk of poverty for women as compared with men (CEDAW/C/MNE/CO/2, 24 July 2017, paragraph 32). The Committee also notes that the Government, in its 2019 report on the implementation of the Beijing Declaration, declares that in 2019 the gender pay gap dropped by 3 per cent (p. 22). The Committee once again (1) notes that the statistics collected by MONSTAT on wages for 2012-2019 are still not sex-disaggregated and (2) recalls that an analysis of the position and pay of men and women in all job categories, within and between the various sectors, is required to address fully a persisting remuneration gap between men and women. The Committee also refers to its 2012 General Survey on the fundamental Conventions and its general observation of 1999, which provides specific guidance on the type of statistics, disaggregated by sex (see General Survey of 2012 on the fundamental Conventions, paragraph 888). The Committee therefore once again asks the Government to take the necessary steps to collect and analyse statistics disaggregated by sex on the levels of remuneration received by men and women in the public and private sectors, and report on the progress made in this regard. It again asks the Government to provide information on the progress made in developing the new index on gender equality and in ensuring that the joint publication of the Ministry and MONSTAT, “Women and Men in Montenegro”, also addresses gender differences in wages. It further asks the Government to take measures to (i) reduce the gender pay gap, in particular in sectors in which women are predominantly employed, to ensure their work is not undervalued, (ii) to address its underlying causes, and (iii) to provide information on the results achieved to this end.

Article 2. Minimum wages and collective agreements. The Committee notes the Government’s indication that, following an initiative by workers’ unions, the minimum wage was increased by Decision No. 033/19 of 14 June 2019. The Committee notes that under section 186(1) of the new Labour Law of 2020, “general, branch and collective agreements with the employer shall be registered with the Ministry, and the general and branch collective agreements shall be published in the Official Journal of Montenegro”. Noting the lack of information provided in this regard, the Committee once again asks the Government to provide: (i) information on any measures taken to promote the principle of the Convention, in both the private and public sectors; (ii) information on the concrete measures taken to ensure that the principle of the Convention is taken into account in the context of collective bargaining, in particular, with regard to individual agreements at the enterprise level, ; and (iii) copies of the General Collective Agreement and branch collective agreements in branches of activity, containing provisions relating to wages, which were indicated as attached to the Government’s report but which the Committee has not received.

Article 3. Objective job evaluation. The Committee recalls that, under the Law (No. 16/16) on salaries of employees in the public sector of 2016, determination of salaries is based on the following principles: (1) uniformity of salaries for work in the same or similar positions or positions that require the same level or sublevel of qualifications; (2) transparency of earnings; and (3) fiscal sustainability of earnings (section 5). In this regard, the Committee recalls that the concept of equal remuneration for work of equal value between men and women workers entails a broad scope of comparison, including, but going beyond, the “same” or “similar” work, and also encompasses work that is of an entirely different nature (including under different conditions and even in different establishments), which is nevertheless of equal value (see General Survey of 2012 on the fundamental Conventions, paragraph 673). Noting that the Government has not provided the information requested, the Committee once again asks the Government to provide more detailed information on how Law No. 16/16 ensures that the pay system in the public sector implements fully the principle of the Convention. Recalling the importance of ensuring 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 again asks the Government to provide information on the measures taken or envisaged to promote the use of objective job evaluation methods that are free from gender bias in the private sector.

Enforcement. The Committee notes the Government’s indication that in the period considered, no complaints involving the principle of equal pay for work of equal value have been detected by the labour inspectorate. The Government highlights that such infringements of the principle of the Convention are not easily detectable by labour inspectors during inspections. Recalling the importance of training labour inspectors to increase their capacity to prevent, detect and remedy such instances, the Committee requests the Government to provide information on any specific training programmes developed to enhance the labour inspector’s capacity to handle wage discrimination cases. The Committee further requests the Government to provide information regarding awareness-raising activities conducted among workers, employers and their organizations, as well as judges and other officials responsible, particularly on the new provisions of the Labour Code, for ensuring the implementation of the principle set out in the Convention in practice. Finally, noting the lack of information provided in this regard, the Committee once again asks the Government to provide information on the number and nature of cases dealt with by the courts or by the Agency for Peaceful Settlement of Labour Disputes, which relate specifically to complaints concerning the principle of equal remuneration for work of equal value.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(b) of the Convention. Work of equal value. Legislation. In its previous request, the Committee noted that, while the Labour Law of 2011 explicitly provides, in section 77(2), for the principle of equal remuneration for work of equal value by guaranteeing each employed man or woman an equal wage for equal work or work of the same value performed with an employer, section 77(3) of the same Law continues to limit the concept of work of equal value to the same level of education, or professional qualifications, responsibility, skills, conditions and results of work. The Committee also drew the Government’s attention to the fact that the expression “with an employer” in section 77(2) of the Labour Law limits the application of the principle of equal remuneration to workers employed by the same employer. The Committee notes the adoption of the new Labour Law in 2020 and that section 99 provides for the principle of equal remuneration for work of the same value. However, the Committee notes with regret that sections 99(1) and 99(2) have the same wording as the previous sections 77(1) and 77(2) of the Labour Law 2011. The Committee therefore once again recalls that the concept of work of equal value entails comparing the relative value of jobs or occupations that may involve different types of skills, responsibilities or working conditions that nevertheless are of equal value (see General Survey on the fundamental Conventions, 2012, paragraphs 673, 675, and 677). The Committee urges the Government to take the necessary steps to amend the Labour Law of 2020 in order to give full legislative expression to the principle of the Convention, and to ensure that comparison between the value of jobs or occupations can involve different employers and also different types of skills, responsibilities or working conditions that nevertheless are of equal value. It also requests the Government to provide information on all measures taken to this end.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

Articles 1 and 2 of the Convention. Gender pay gap.  With reference to its previous comments, the Committee notes that Government’s report merely repeats its previous statement, that the Ministry of Human and Minority Rights and MONSTAT are developing a gender equality index, which will measure gender equality in a range from one (complete inequality) to 100 (complete equality) in the areas of work, knowledge, money, health, time and power. It notes that the 2018 edition of the biannual publication Women and Men in Montenegro of the Ministry of Human and Minority Rights and the Statistical Office of Montenegro (MONSTAT) once again does not provide statistics on wages nor does it undertake an analysis of the nature and extent of the gender pay gap. The Committee notes, from the 2017 concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that the gender pay gap remained high at 16 per cent, resulting in lower pension benefits and a higher risk of poverty for women as compared with men (CEDAW/C/MNE/CO/2, 24 July 2017, paragraph 32). The Committee also notes that the Government, in its 2019 report on the implementation of the Beijing Declaration, declares that in 2019 the gender pay gap dropped by 3 per cent (p. 22). The Committee once again (1) notes that the statistics collected by MONSTAT on wages for 2012-2019 are still not sex-disaggregated and (2) recalls that an analysis of the position and pay of men and women in all job categories, within and between the various sectors, is required to address fully a persisting remuneration gap between men and women. The Committee also refers to its 2012 General Survey on the fundamental Conventions and its general observation of 1999, which provides specific guidance on the type of statistics, disaggregated by sex (see General Survey of 2012 on the fundamental Conventions, paragraph 888).  The Committee therefore once again asks the Government to take the necessary steps to collect and analyze statistics disaggregated by sex on the levels of remuneration received by men and women in the public and private sectors, and report on the progress made in this regard. It again asks the Government to provide information on the progress made in developing the new index on gender equality and in ensuring that the joint publication of the Ministry and MONSTAT, “Women and Men in Montenegro”, also addresses gender differences in wages. It further asks the Government to take measures to (i) reduce the gender pay gap, in particular in sectors in which women are predominantly employed, to ensure their work is not undervalued, (ii) to address its underlying causes, and (iii) to provide information on the results achieved to this end.

Article 2. Minimum wages and collective agreements.  The Committee notes the Government’s indication that, following an initiative by workers’ unions, the minimum wage was increased by Decision No. 033/19 of 14 June 2019. The Committee notes that under section 186(1) of the new Labour Law of 2020, “general, branch and collective agreements with the employer shall be registered with the Ministry, and the general and branch collective agreements shall be published in the Official Journal of Montenegro”. Noting the lack of information provided in this regard, the Committee once again asks the Government to provide: (i) information on any measures taken to promote the principle of the Convention, in both the private and public sectors; (ii) information on the concrete measures taken to ensure that the principle of the Convention is taken into account in the context of collective bargaining, in particular, with regard to individual agreements at the enterprise level, ; and (iii) copies of the General Collective Agreement and branch collective agreements in branches of activity, containing provisions relating to wages, which were indicated as attached to the Government’s report but which the Committee has not received.

Article 3. Objective job evaluation.  The Committee recalls that, under the Law (No. 16/16) on salaries of employees in the public sector of 2016, determination of salaries is based on the following principles: (1) uniformity of salaries for work in the same or similar positions or positions that require the same level or sublevel of qualifications; (2) transparency of earnings; and (3) fiscal sustainability of earnings (section 5). In this regard, the Committee recalls that the concept of equal remuneration for work of equal value between men and women workers entails a broad scope of comparison, including, but going beyond, the “same” or “similar” work, and also encompasses work that is of an entirely different nature (including under different conditions and even in different establishments), which is nevertheless of equal value (see General Survey of 2012 on the fundamental Conventions, paragraph 673). Noting that the Government has not provided the information requested, the Committee once again asks the Government to provide more detailed information on how Law No. 16/16 ensures that the pay system in the public sector implements fully the principle of the Convention. Recalling the importance of ensuring 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 again asks the Government to provide information on the measures taken or envisaged to promote the use of objective job evaluation methods that are free from gender bias in the private sector.

Enforcement.  The Committee notes the Government’s indication that in the period considered, no complaints involving the principle of equal pay for work of equal value have been detected by the labour inspectorate. The Government highlights that such infringements of the principle of the Convention are not easily detectable by labour inspectors during inspections. Recalling the importance of training labour inspectors to increase their capacity to prevent, detect and remedy such instances, the Committee requests the Government to provide information on any specific training programmes developed to enhance the labour inspector’s capacity to handle wage discrimination cases. The Committee further requests the Government to provide information regarding awareness-raising activities conducted among workers, employers and their organizations, as well as judges and other officials responsible, particularly on the new provisions of the Labour Code, for ensuring the implementation of the principle set out in the Convention in practice. Finally, noting the lack of information provided in this regard, the Committee once again asks the Government to provide information on the number and nature of cases dealt with by the courts or by the Agency for Peaceful Settlement of Labour Disputes, which relate specifically to complaints concerning the principle of equal remuneration for work of equal value.

CMNT_TITLE

Article 1(b) of the Convention. Work of equal value. Legislation. In its previous request, the Committee noted that, while the Labour Law of 2011 explicitly provides, in section 77(2), for the principle of equal remuneration for work of equal value by guaranteeing each employed man or woman an equal wage for equal work or work of the same value performed with an employer, section 77(3) of the same Law continues to limit the concept of work of equal value to the same level of education, or professional qualifications, responsibility, skills, conditions and results of work. The Committee also drew the Government’s attention to the fact that the expression “with an employer” in section 77(2) of the Labour Law limits the application of the principle of equal remuneration to workers employed by the same employer. The Committee notes the adoption of the new Labour Law in 2020 and that section 99 provides for the principle of equal remuneration for work of the same value. However, the Committee notes with regret that sections 99(1) and 99(2) have the same wording as the previous sections 77(1) and 77(2) of the Labour Law 2011. The Committee therefore once again recalls that the concept of work of equal value entails comparing the relative value of jobs or occupations that may involve different types of skills, responsibilities or working conditions that nevertheless are of equal value (see General Survey on the fundamental Conventions, 2012, paragraphs 673, 675, and 677). The Committee urges the Government to take the necessary steps to amend the Labour Law of 2020 in order to give full legislative expression to the principle of the Convention, and to ensure that comparison between the value of jobs or occupations can involve different employers and also different types of skills, responsibilities or working conditions that nevertheless are of equal value. It also requests the Government to provide information on all measures taken to this end.

The Committee is raising other matters in a request addressed directly to the Government.

CMNT_TITLE

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes that, in its report, the Government provides data on average earnings of workers, which are not sex-disaggregated. It also notes that the 2016 edition of the biannual publication Women and Men in Montenegro of the Ministry of Human and Minority Rights and the Statistical Office of Montenegro (MONSTAT) does not provide statistics on wages nor an analysis of the nature and extent of the gender pay gap. Furthermore, the Committee notes from the Action Plan for Achieving Gender Equality in Montenegro 2017–21 that the difference in wages between men and women in Montenegro is 13 per cent, and that the causes of the gender pay gap include direct and indirect discrimination, lower valuation of women’s work, segregation in the labour market, stereotypes and traditions as well as an increased need for women to balance work and private life. The Plan also points out, that as the gender pay gap implies lower pensions, thus women are more exposed to poverty then men. The Committee additionally notes that, as of 2016, the Ministry of Human and Minority Rights and MONSTAT are developing a gender equality index, which will measure gender equality in the range from one (complete inequality) to 100 (complete equality) in the areas of work, knowledge, money, health, time and power. In this regard, the Committee wishes to recall that an analysis of the position and pay of men and women in all job categories, within and between the various sectors, is required to address fully a persisting remuneration gap between men and women. The Committee also refers to its 2012 General Survey on the fundamental Conventions and its general observation of 1999, which provides specific guidance on the type of statistics, disaggregated by sex (see General Survey of 2012 on the fundamental Conventions, paragraph 888). The Committee asks the Government to take the necessary steps to collect and analyse statistics disaggregated by sex on the levels of remuneration received by men and women in the public and private sectors, and report on the progress made in this regard. It also asks the Government to provide information on the progress made in developing the new index on gender equality and in ensuring that the joint publication of the Ministry and MONSTAT, “Women and Men in Montenegro”, also addresses gender differences in wages. It further asks the Government to indicate the measures taken or envisaged to reduce the gender pay gap, in particular in sectors in which women are predominantly employed, to ensure their work is not undervalued, including measures taken to address its underlying causes and the results achieved.

Article 2. Minimum wages and collective agreements. The Committee notes the Government’s indication in its report that, in the context of the minimum wage fixing process, the principle of the Convention applies to all employees regardless of gender. It also notes the information provided by the Government that currently individual agreements at the enterprise level do not need to be registered with the Ministry of Labour and Social Welfare and, therefore, no data exist. With regard to branch collective agreements, the Committee notes that the Government lists the sectors for which collective agreements have been adopted but omits to provide information on wages set by these collective agreements and an indication of the percentage of men and women covered. Consequently, the Committee once again requests the Government to provide information on the concrete measures taken to ensure that the principle of the Convention is taken into account in the context of collective bargaining, in particular, with regard to individual agreements at the enterprise level, and to provide information on any measures taken to promote the principle of the Convention, both in the private and public sector. Furthermore, the Committee asks the Government to provide samples of any collective agreements, adopted at general, branch and individual employer levels, which contain provisions relating to the principle of the Convention.

Article 3. Objective job evaluation. The Committee notes the Government’s indication in its report that, in the public sector, according to a new Law (No. 16/16) on salaries of employees in the public sector of 2016, determination of salaries is based on the following principles of: (i) uniformity of salaries for work in the same or similar positions or positions that require the same level or sublevel of qualifications; (ii) transparency of earnings; and (iii) fiscal sustainability of earnings (section 5). In this regard, the Committee refers to its observation under the Convention, in which it draws the Government’s attention to the fact that the concept of equal remuneration for work of equal value between men and women workers entails a broad scope of comparison, including, but going beyond, the “same” or “similar” work, and also encompasses work that is of an entirely different nature (including under different conditions and even in different establishments), which is nevertheless of equal value (see General Survey of 2012 on the fundamental Conventions, paragraph 673). Furthermore, as regards the method used for job evaluation, it notes that the Government does not indicate how it ensures that such evaluation is free from gender bias. The Committee recalls that 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 more detailed information on how Law No. 16/16 ensures that the pay system in the public sector implements fully the principle of the Convention. It also asks the Government to provide information on the measures taken or envisaged to promote the use of objective job evaluation methods that are free from gender bias in the private sector.

Enforcement. The Committee notes that the Government indicates that since 2011 measures have been taken to increase the capacity of judges, prosecutors, labour inspectors and other relevant officials to identify and address unequal remuneration. The Government also indicates that in the period considered no complaints involving the principle of equal pay for work of equal value have been recorded by the labour inspectorate or brought before the Agency for Peaceful Settlement of Labour Disputes. The Committee asks the Government to continue to provide information on the number and nature of cases which relate specifically to complaints concerning the principle of equal remuneration for work of equal value.

CMNT_TITLE

Article 1(b) of the Convention. Work of equal value. Legislation. In its previous request, the Committee noted that, while the Law on Amendments to the Labour Act of 2011 explicitly provides, in section 77(2), for the principle of equal remuneration for work of equal value by guaranteeing each employed man or woman an equal wage for equal work or work of the same value performed with an employer, section 77(3) of the same Law continues to limit the concept of work of equal value to the same level of education, or professional qualifications, responsibility, skills, conditions and results of work. The Committee also drew the Government’s attention to the fact that the expression “with an employer” in section 77(2) of the Labour Law limits the application of the principle of equal remuneration to workers employed by the same employer. It had asked the Government to take the necessary steps so as to ensure that the legislation provides for equal remuneration not only between men and women workers undertaking the same or similar work, but also where men and women perform different work (including under different conditions and even in different establishments) that is nevertheless of equal value in its totality. In its report, the Government indicates that the Committee’s comments on the concept of work of equal value, in particular section 77 of the Labour Law, will be considered by the tripartite Working Group established for the revision of the new Labour Law, which is envisaged under the Action Plan for negotiating Chapter 19 on social policy and employment and scheduled for adoption in the last quarter of 2017. The Committee wishes to draw the Government’s attention to the fact that the concept of work of equal value entails comparing the relative value of jobs or occupations that may involve different types of skills, responsibilities or working conditions that nevertheless are of equal value in its totality (see General Survey on the fundamental Conventions, 2012, paragraphs 673, 675, and 677). Consequently, the Committee urges the Government to seize the opportunity presented by the current revision of the Labour Law to amend section 77 so as to give full legislative expression to the principle of the Convention. It also requests the Government to provide information on all measures taken to this end.

The Committee is raising other matters in a request addressed directly to the Government.

CMNT_TITLE

Gender pay gap. The Committee notes from the document “Women and Men in Montenegro”, published biennially by the Montenegro Statistical Office and cited by the Government, that the gender pay gap decreased slightly from 13.8 per cent in 2009 to 13.2 per cent in 2011. The same publication indicates that the gender pay gap stands at 33.5 per cent in the manufacturing industry, 16.1 per cent in the hospitality sector and 13.9 per cent in the health and social service sector. In this connection, the Committee notes the Government’s statement that differences in wages between men and women are a consequence of the high prevalence of male workers in leadership positions, and of female workers in clerical positions. The Committee notes further that, in its concluding observations, the UN Committee on the Elimination of Discrimination against Women raises concerns regarding the situation of women in the labour market, in particular with regard to the high rates of female unemployment, the concentration of women in low-paid sectors of employment and the lack of flexible work arrangements and childcare facilities which force women into part-time employment (CEDAW/C/MNE/CO/1, 21 October 2011, paragraph 28). The Committee asks the Government to provide information on the measures taken or envisaged to reduce the gender pay gap in all sectors of the economy, including measures taken to address its underlying causes such as occupational gender segregation, and the results achieved.

Article 1 of the Convention. Legislation. The Committee notes that, following amendments in 2011 pursuant to Act No. 1298, the Labour Law henceforth expressly provides for the principle of equal remuneration for men and women for work of equal value (section 77(2)). In case of violation of this right, workers may claim compensation equivalent to the underpaid part of the salary (section 77(4)). The Committee notes, however, that according to section 77(3), as amended, work of equal value refers to work requiring the same level of qualification, responsibilities and skills, as well as the same working conditions and performance. Pursuant to section 77(2), the principle also seems to be limited to workers employed by the same employer. The Committee draws the Government’s attention to the fact that the definition of “work of equal value” as established in the amended Labour Law does not fully reflect the principle set out in the Convention. It recalls that the concept of “work of equal value” under the Convention not only encompasses equal remuneration for workers with the same level of qualification, responsibilities and skills, or working under the same conditions and performance, but also allows for the comparison of jobs that are of an entirely different nature, but which are nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraphs 673 and 677). The Committee therefore asks the Government to take the necessary steps to amend section 77(3) of the Labour Law so as to fully reflect the principle of equal remuneration for men and women for work of equal value, as set out in the Convention, and to supply information on the progress made in this regard.

Article 2. Minimum wages and collective agreements. The Committee notes that, according to the amendments to the Labour Law under Act No. 1298 of 2011, minimum wages shall be proposed by the tripartite Social Council and determined by the Government on a semi-annual basis (section 80(3), as amended). The Committee also notes that, pursuant to amendments to section 149(1), the General Collective Agreement defines the elements determining the basic wage, benefits and other earnings of employees. Wages can be increased further by branch collective agreements or individual agreements at the enterprise level (section 149(2) and (3)). The Committee asks the Government to indicate how it is ensured that the principle of equal remuneration for men and women for work of equal value is taken into consideration in the context of the minimum wage fixing process. With regard to sectoral wages and enterprise wage agreements, the Committee requests the Government to provide information on any measures taken, in cooperation with the social partners, to promote the principle of the Convention in branch and enterprise negotiations, and to ensure that work in sectors and occupations in which women are predominantly employed is not being undervalued. Please also provide copies of any collective agreements adopted at general, branch and enterprise levels addressing the issue of wage discrimination and equal remuneration for work of equal value.

Article 3. Objective job evaluation. The Committee notes the adoption of the new Law on civil servants and public employees in 2011 (Law No. 23-2/11-6 EPA 632), as well as the new Law on salaries of civil servants and state employees in February 2012 (Law No. 232). The Committee notes that Law No. 232 establishes basic wage coefficients, as well as titles and pay grades for certain categories of workers, and contains provisions on the calculation of basic wages and on the criteria for determining the variable component of wages. The Committee asks the Government to provide detailed information on how it is ensured that the design and implementation of the pay system in the public service pursuant to Law No. 232 promotes the principle of the Convention. Please also provide information on the measures taken or envisaged to promote the use of objective job evaluation methods that are free from gender bias in the private sector.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that there have been no reported cases of discrimination regarding the principle of the Convention. The Government indicates further that, since the entry into force of the Law on gender equality, 2007, women have sought advice from the Ministry of Human and Minority Rights on violations of labour rights and that, in such cases, female workers were instructed to address their complaints or requests to the labour inspectorate. In this connection, the Government refers to only one case addressed to the labour inspectorate (concerning failure to pay earnings during maternity leave) which was upheld. In this regard, the Committee recalls that the absence of complaints regarding unequal remuneration is likely to indicate the 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 Committee asks the Government to provide detailed information on any measures taken or envisaged to raise awareness of the principle of equal remuneration for men and women for work of equal value, among workers and employers and their organizations. The Government is also requested to indicate how the enforcement of section 77 of the amended Labour Law has been undertaken in practice by labour inspectors, and to provide information on any steps taken to increase the capacity of judges, labour inspectors and other relevant officials to identify and address unequal remuneration. Please provide information on any complaints brought to the attention of the competent authorities relating to equal remuneration for work of equal value, and the outcome thereof.

Part V of the report form. Statistics. The Committee asks the Government to continue to provide up-to-date statistical information on the evolution of the gender pay gap, including information on the earnings of men and women according to sector, occupation and educational level, in both the private and the public sectors.

CMNT_TITLE

Articles 1 and 2 of the Convention. Application through laws and regulations. The Committee recalls that, while sections 5, 6 and 7(1)(2) and 7(2) of the Labour Law appear to provide protection against sex-based wage discrimination, Labour Law No. 49/08 does not explicitly provide for the principle of equal remuneration for men and women for work of equal value, nor does it expressly provide that rates of remuneration for men and women are to be determined without discrimination based on sex. In light of its general observation of 2006 on this Convention, the Committee had pointed to the importance of inserting a provision in the Labour Law expressly providing for the principle of the Convention. The Committee notes the Government’s reply that section 15(2) of the Labour Law, in providing that “the law shall use the terms employee and employer in male grammatical form and they shall be used as neutral expressions relating to both men and women”, provides for equality between men and women in exercising their labour rights, including the right to equal remuneration for equal work or work of equal value. The Government further indicates that no judicial or administrative decisions have been pronounced regarding the application of sections 5, 6, 7(1)(2) and 7(2) of the Labour Law in so far as they relate to equal remuneration for men and women, and no employees have addressed the labour inspection regarding violations of these provisions. The Committee recalls sections 8 and 9 of the Law on Gender Equality, No. 46/07, which apparently provide for measures of a normative nature to promote gender equality in certain fields. In the absence of a clear indication of the manner in which the relevant sections in Labour Law No. 49/08 allow for the effective application in law of the principle of the Convention, the Committee asks the Government to take steps to insert a provision in Labour Law 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.

Assessing the causes of the gender wage gap. The Committee notes the Government’s statement that differences in wages between men and women are exclusively due to differences in remuneration for jobs mostly done by men and jobs mostly done by women, which is apparently due to differences in occupational qualifications due to education. The Committee points out that historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences, capabilities and “suitability” for certain jobs, have contributed to occupational sex segregation in the labour market. As a result, certain jobs are held predominantly or exclusively by women and others by men. These views and attitudes also tend to result in the undervaluation of “female jobs” in comparison with those of men who are performing different work and using different skills, when determining wage rates (see general observation 2006). The Committee asks the Government to take measures, such as studies or surveys on gender differences in remuneration in the private and public sector, to examine all the underlying causes of the gender wages gap, including whether jobs and positions predominantly performed by women are not systematically being undervalued compared to those predominantly performed by men. The Committee also asks the Government to provide 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.

Determination of wages. Minimum wages and collective agreements. The Committee recalls that pursuant to the Labour Law, wages shall be determined in accordance with the law, collective agreements and labour contracts, and where collective agreements are concluded, they shall regulate the minimum wage, the elements determining the basic wage, wage compensation and other earnings of employees. The Committee notes the general information in the Government’s report regarding the hierarchy and compliance of collective agreements with the law, which omits information on how the principle of equal remuneration for men and women for work of equal value is being respected in the context of collective agreements and minimum wage setting. The Committee asks the Government to provide information on the following:

(i)    how it is ensured that the principle of equal remuneration for men and women for work of equal value is taken into account in the context of collective bargaining;

(ii)   how it is ensured that minimum wage rates, the elements determining the basic wage, wage compensation, and other earnings of employees are fixed without discrimination based on sex, and sectors and occupations in which women are predominantly employed, are not being undervalued;

(iii)  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;

(iv)  information on the sectors for which collective agreements have been adopted, the wages set by these collective agreements, and an indication of the percentage of men and women covered.

Public sector. The Committee notes the Government’s confirmation that civil servants and state employees as well as employees in local self-government authorities are covered by the Law on civil servants and state employees No. 27/04, and the Law on salaries of civil servants and state employees. The Committee notes that Law No. 27/04 does not include a provision expressly providing for the principle of equal remuneration for men and women for work of equal value. It also notes the adoption of the Law of 22 December 2009 on public servants’ and public employees’ wages, No. 930/09, which contains provisions on coefficient of wages, classification of wage groups, calculations of base wages, compensations and supervision. The Committee will analyse Law No. 930/09 once it has been translated into one of the official ILO languages. Pending translation of Law No. 930/09, the Committee asks the Government to provide statistics, disaggregated by sex, on the distribution of civil servants and state employees 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 job evaluation. Noting that once again the Government’s report does not provide any information on this point, the Committee urges the Government to provide information on the measures taken or envisaged to promote the use of objective job evaluation methods as envisaged under Article 3.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the information in the Government’s report regarding the role of the tripartite Social Council following the Memorandum on social partnership in the circumstances of the global economic crisis, adopted in 2009. The Committee hopes that in implementing the 2009 Memorandum on social partnership, the tripartite Social Council will take full account of the need to apply the principle of equal remuneration for men and women for work of equal value, and identify steps to promote its application. Please provide information on the steps taken in this regard.

Statistics. The Committee notes the Government’s statement that, since gender is not a criterion for determining wages and employers are obliged to pay a salary to both men and women (sections 14(1)(3) and 15(2)), there is no need to collect sex-disaggregated statistics on wages. The Committee draws the attention of the Government to its 1998 general observation emphasizing that an analysis of the position and pay of men and women in all job categories within and between the various sectors is required to address fully the continuing remuneration gap between men and women which is based on sex. The Committee asks the Government to take the necessary steps to collect and analyse 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, and report on the progress made in this regard. Please provide statistics of the gender wage gap, as soon as they become available.

Parts III–IV of the report form. The Committee asks the Government to continue to provide information 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.

CMNT_TITLE

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.