Equal Remuneration Convention, 1951 (No. 100) - Georgia (RATIFICATION: 1993)

CMNT_TITLE_CAS

Written information provided by the Government

The promotion of decent working conditions for all Georgian workers irrespective of their sex has always been a top priority for the Government. To this end, Georgia has made remarkable progress in ensuring gender equality at work and promoting women’s economic empowerment through legislative amendments and policy reforms. The promotion of equal pay for equal work started with the creation of a legislative basis. The latest amendments to the labour legislation outstandingly strengthen the legal framework for the protection of the labour rights of Georgian workers. Amendments include the adoption of the principle of equal pay for equal work, the definition of harassment in the workplace (including sexual harassment) as a form of discrimination, and a definition of sexual harassment. Discrimination in employment and precontractual relations (including when posting a job vacancy and at the selection stage), and in professional activities is prohibited.

Apart from the Labour Code of Georgia, all the main legislative acts of Georgia include clauses prohibiting all types of discrimination. In addition, there is a special law against discrimination, namely, the Law on the Elimination of All Forms of Discrimination adopted on 2 May 2014. The purpose of the Law is to eliminate every form of discrimination and to ensure equal rights for every natural and legal person under the legislation of Georgia, irrespective of race, skin colour, language, sex, age, citizenship, origin, place of birth or residence, property or social status, religion or belief, national, ethnic or social origin, profession, marital status, health, disability, sexual orientation, gender identity and expression, political or other opinions, or other characteristics. This Law is of paramount importance for the development and well-being of Georgian society. The Law includes the definition of direct and indirect discrimination and has introduced the concept of multiple discrimination and the prohibition of supporting or encouraging discriminatory actions.

The amendments of 19 February 2019 to the above-mentioned Law further specify the sectors and relations where discrimination is prohibited. Namely, the legislative changes address both procedural and substantive issues: the deadline for appealing to the court has been extended for individuals, the mandate of the Public Defender of Georgia has been strengthened and sexual harassment has been regulated. According to the Law, the concept of equal treatment shall also apply to:

(a) employment and precontractual relationships, including:

(a.a) selection criteria and recruitment conditions, access to career development promotion, professional hierarchy at all levels and irrespective of the branch of activity;

(a.b) access to all types and to all levels of vocational guidance, vocational training, advanced vocational training and retraining, including practical work experience;

(a.c) employment and working conditions, including dismissals and pay;

(b) membership of, and involvement in, an organization of workers or employers, or any organization whose members carry on a particular profession, including the benefits provided by such organizations.

(c) social protection and healthcare, education and the provision of goods and services, including:

(c.a) social protection, social security, social benefits, and others;

(c.b) healthcare services;

(c.c) access to education;

(c.d) access to and supply of goods and services, which are available to the public (including living space).

To promote the employment of Georgian citizens, the Government established the State Employment Support Agency under the Ministry of Internal Affairs. The promotion of employment and an active labour market policy (ALMP) as a measure to promote employment is one of the top priorities of the Georgian Government. The Government has been implementing an ALMP since 2015, which includes training and retraining, as well as employment support for various groups, including people with disabilities, women and young people, vocational counselling consultations, and career guidance. Women are a top priority when implementing employment support programmes. All the employment services are free of charge; the source of financing is the State budget.

The national labour and employment policy strategy envisages means of promoting gender equality and women’s participation in the labour market and entrepreneurship. The Labour Code encourages a work–life balance for both parents. Higher standards of maternity leave and parental leave that can be used by both parents have been introduced. In addition, the Labour Code provides that women who are breastfeeding infants under the age of 12 months may request an additional break of at least one hour a day. The Code also provides for additional unpaid parental leave of 12 weeks until the child turns 5. Additional parental leave may be granted to any employee who actually cares for the child. It should also be noted that the Labour Code guarantees the rights of a legal representative or supporter of a person with a disability who may, in addition to rest days, enjoy an additional paid rest day once a month, or agree on working time other than that provided for by the internal labour regulations. The Code also guarantees access to training. After the end of a period of maternity leave, parental leave or newborn adoption leave, at the request of the employee, the employer shall ensure that the qualifications of the employee are upgraded if this is necessary for the performance of the work under the employment agreement, and does not impose a disproportionate burden on the employer.

The Code introduces the notion of part-time employment. The Code provides for the protection of part-time workers from discrimination based on their status. Namely, part-time employees shall not be treated in a less favourable manner than comparable full-time employees solely because they work part-time, unless different treatment is justified on objective grounds. The employment agreement with an employee shall not be terminated because of the employee’s refusal to transfer from full-time to part-time work, or from part-time to full-time work, unless the employer has the right to terminate the employment agreement with the employee, subject to the relevant preconditions.

Following the large-scale labour law reform, a fully-fledged Labour Inspection Office has been in place since 1 January 2021. As per the Law of Georgia on Labour Inspection, among others, the Labour Inspection Office is entitled to supervise the implementation of standards related to the prohibition of discrimination in labour relations, including precontractual relations. This includes investigating allegations of discrimination, identifying instances of discrimination and applying relevant administrative measures, if confirmed. Since its creation, the institutional development of the Labour Inspection Office has been constantly ongoing, meaning that two regional offices have been opened, the budget and number of inspectors have increased, and labour inspectors are being trained and retrained, among other developments. In order for the Labour Inspection Office to increase action and ensure effective oversight, a new special division dealing with workplace discrimination, the prohibition of sexual harassment and gender equality issues has been created. During the reference period 2021–23, the Labour Inspection Office identified 144 cases of discrimination, with 120 concerning precontractual relations and 14 concerning ongoing or terminated employment. Additionally, one confirmed case of sexual harassment and two cases of employer inaction were identified. Moreover, during the mentioned reference period, unhealthy or hostile work environments were identified in 15 business entities, affecting both current and terminated employment relations. Furthermore, 57 cases of gender-based discrimination were identified, both in precontractual and current or terminated labour relations.

The Labour Inspection Office prioritizes raising awareness of workers’ rights. Since 2021, it has conducted over 250 information meetings, with more than 100 focused on recent legal changes to labour rights. To further educate the public, the Labour Inspection Office has produced 29 videos, including four specifically on preventing discrimination in the workplace. These resources, along with various manuals (four on discrimination topics), are available on the website of the Labour Inspection Office (lio.moh.gov.ge), Facebook and YouTube. Article 4 of the Organic Law of Georgia, the Georgian Labour Code, provides that “employers shall ensure equal remuneration for female and male employees for equal work performed”.

To effectively implement the equal pay for work of equal value principle, a proper methodology for employers, and the Labour Inspection Office, is of utmost importance. To this end, since 2021 UN Women has been supporting Georgia in developing the methodology used to calculate equal remuneration. Currently, with the support of UN Women, work on two documents is under way, namely a methodological document on the principle of equal remuneration in labour relations and detailed instructions or guidelines on the prevention, detection and response to unfair remuneration. This will help close the gender pay gap and ensure equal pay for equal work. The National Statistics Office of Georgia (GEOSTAT) analyses adjusted gender pay gaps, which consider various factors beyond gender. This data helps to monitor progress towards equal pay. The adjusted gender pay gap takes into account the demographic (age, education, marital status, place of residence – region/type of settlement, etc.) and job characteristics (economic activity, occupation, etc.) of the individuals. The adjusted gender pay gap is calculated using a regression model for the employed population aged between 15 and 64 years. Since the current statistical survey of enterprises and organizations contains very poor information on individual and job characteristics, the calculation of the adjusted gender pay gap data in the Labour Force Survey is used, covering more than 15,000 respondents quarterly. The adjusted gender pay gap has been launched by GEOSTAT, with the technical assistance of UN Women since 2021. The recent statistics on the gender pay gap in Georgia are available on the GEOSTAT website.

In addition, the Tripartite Social Partnership Commission’s action plan outlines various topics for discussion through social dialogue, leading to tripartite decisions. These include further improvements to labour legislation, the feasibility of ratifying specific ILO Conventions, such as those relating to wage policy (minimum wages), and unemployment insurance. Therefore, the Government acknowledges that gaps may still exist and expresses its commitment to working with the social partners to promote decent working conditions for all men and women, free from discrimination.

Discussion by the Committee

Chairperson – I invite the Government representative of Georgia, Deputy Minister of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia, to take the floor.

Government representative – On behalf of the Government of Georgia, I have the honour of presenting the measures that the Government has undertaken towards gender equality and equal remuneration for men and women and of introducing future steps planned to decrease the pay gap in the country. In my address, I will also consider the observations raised by the Committee of Experts.

Until 2013, Georgia had the most unregulated labour legislation, with no enforcement mechanisms in place for the Labour Code. It resulted in many inequalities in the labour market, including in unequal remuneration for men and women. Over the last couple of years, Georgia has made significant progress in adopting legislative changes and implementing policy reforms to foster gender equality and encourage the economic empowerment of women. Georgian law and policy have been improved to promote gender equality, to prohibit all forms of discrimination towards women and girls and to encourage women’s participation in the political, economic and social spheres in the country. Promotion of equal pay for equal work started by creating a legislative basis. The latest amendments to the labour legislation outstandingly strengthen the legal framework for the protection of labour rights of Georgian workers. Amendments included the adoption of the principle of equal pay for equal work and the definition of harassment in the workplace (including sexual harassment) as a form of discrimination. Also, discrimination in employment and precontractual relations, and in employment and professional activities is prohibited.

Apart from the Labour Code of Georgia, all legislative acts include clauses prohibiting all types of discrimination. In addition, we have a special law against discrimination, namely, the Law on the Elimination of All Forms of Discrimination, adopted in 2014. The purpose of the Law is to eliminate every form of discrimination and to ensure equal rights for every natural and legal person under the legislation of Georgia, irrespective of race, skin colour, language, sex, age, citizenship, or other characteristics. Besides, the Law includes the definition of direct and indirect discrimination and has introduced the concept of multiple discrimination and the prohibition of supporting or encouraging discriminatory actions. The amendments of 2019 to the mentioned Law further specified the sectors and relations where discrimination is prohibited regarding both procedural and substantive issues: the deadline for appealing to the court was extended to individuals; the mandate of the public defender of Georgia was strengthened; and sexual harassment was regulated.

According to the above-mentioned Law, the concept of equal treatment should also apply to:

• (a) employment and precontractual relationships, including:
  • (i) selection criteria and recruitment conditions, access to career development promotion, professional hierarchy at all levels and whatever the branch of activity;
  • (ii) employment and working conditions, including dismissals and pay;
  • (b) membership of, and involvement in, an organization of workers or employers, or any organization whose members carry out a particular profession, including the benefits provided for by such organizations;
  • (c) social protection and healthcare, education, and supply of goods and services, including:
  • (i) social protection, social security, social benefits and others;
  • (ii) healthcare services;
  • (iii) access to education.

In order to promote the employment of Georgian citizens, the Government established a legal entity, the State Employment Support Agency. The promotion of employment and active labour market policy is one of the top priorities of the Georgian Government. The Government has been implementing the policy since 2015, which includes training and employment support for different groups, including persons with disabilities, women and young people, and consultations and career guidance. Women are a top priority when implementing employment support programmes. All the employment services are free of charge, the source of financing being the State budget. The National Labour and Policy Strategy envisages issues of promoting equality and women’s participation in the labour market and entrepreneurship.

The Labour Code encourages a work–life balance for both parents. Higher standards of maternity and paternal leave that can be used by both parents have been introduced. Apart from that, the Labour Code determines that women who are breastfeeding infants under the age of 12 months may request an additional break of at least one hour a day. The Labour Code also provides for additional unpaid parental leave for 12 weeks until the child turns 5. Additional parental leave may be granted to any employee who actually takes care of the child. The Labour Code guarantees access to training, namely, after the end of a period of maternity leave, parental leave, or newborn adoption leave, upon the request of the employee. The employer shall ensure that the qualifications of the employee are upgraded if it is necessary for the performance of their work under the employment agreement, and does not impose a disproportionate burden on the employee. The Labour Code introduces the notion of part-time employment. The Code provides for the protection of part-time workers from discrimination based on their status: namely, part-time employees shall not be treated in a less favourable manner than comparable full-time employees solely because they work part time, unless the different treatment is justified on objective grounds. An employment agreement shall not be terminated because of the employee’s refusal to transfer from full-time to part-time work, or vice versa, unless the employer has the right to terminate the employment agreement according to the relevant preconditions.

In 2023, the Parliament of Georgia adopted the National Concept Document on Women’s Economic Empowerment. The framework concept was created with the active support of the United Nations Development Programme. The document aims to establish a framework for women’s economic empowerment, taking into account the specific challenges of gender equality in Georgia, which includes interventions at the individual and public levels both in private practices and at the level of State institutions.

The process of creating the document was preceded by conducting interviews with the main actors and stakeholders of economic development in the country to identify the main challenges and opportunities in the direction of women’s economic empowerment, and the development of a desk study which gathered the main economic characteristics around the seven drivers of women’s economic development and Sustainable Development Goals. It was within the framework of the research that the current trends were identified:

• women constitute the majority of the poor population and this trend is, unfortunately, increasing;
• families of single women are the poorest and the cycle of poverty also passes onto their children;
• due to gender inequality, it is more difficult for women to escape poverty than men;
• in the case of Georgia, gender inequality in labour market participation results in about 11.3 per cent loss of gross domestic product (GDP) per capita.

The National Concept Document on Women’s Economic Empowerment is related to the priorities defined by the new Georgia–European Union (EU) Association agenda, which should ensure the political association and economic integration of the country. The concept also echoes the implementation of point 9 of the 12 recommendations of the European Union: consolidated efforts to enhance gender equality and fight violence against women. However, the concept contains an important note regarding equal pay. Since 2021, Georgia has been a member of the Equal Pay International Coalition. Membership of this Coalition is important as Georgia has the opportunity to share best international practices to ensure equality in the labour market and women’s economic empowerment. A record of this same content about equal pay can be found in the State Concept on Gender Equality.

In addition, as already mentioned, the Labour Code of Georgia provides for the principle of equal pay for equal work. Therefore, it is important to promote actively the implementation of the measures.

According to the data of the National Statistics Office of Georgia, the unadjusted pay gap in recent years was as follows: 2018, about 35 per cent; 2019, about 36 per cent; 2020, about 32 per cent; 2021, about 31 per cent. But I would like to add that the National Statistics Office of Georgia implemented a methodology for calculating the adjusted gender pay gap in 2021. The statistics based on this methodology are a bit different and look as follows: in 2020, the pay gap was about 21 per cent; in 2021, also about 21 per cent; in 2022, about 23 per cent, so much less than in the case of unadjusted data.

One of the tried-and-tested methods for women’s economic empowerment is to employ them in a high-paying sector, such as innovation and technology. For this purpose, Georgia also joined the Generation Equality Forum held in Paris in 2021. The event was held with the support of UN Women and the French Government, and its purpose was to voice specific commitments from the international community to achieve progress in gender equality. In this context, Georgia became a member of two coalitions and undertook commitments to achieve progress in the following directions: gender-based violence, and technology and innovations for gender equality. To ensure the smooth fulfilment of the obligations, a monitoring group was created at the initiative of the Gender Equality Council. An internal action plan was created, the addressees of which are the relevant departments, agencies and institutions. Active work is being carried out, both on the implementation of the action plan and on the monitoring of the performed activities.

The Gender Equality Council conducted a thematic enquiry on women’s participation in the shadow economy, and the impact of COVID-19 on their activities within the framework of the Rule of Law Programme of the United States Agency for International Development. The paper identified the main needs related to women’s involvement in the shadow economy. Within the scope of the thematic enquiry, 16 recommendations were developed, including an obligation to sign contracts for employers and the creation of minimum working conditions for employed persons, as well as promoting women’s involvement in pension accumulation schemes. The thematic group studied practices and experiences in other countries in this regard; recommendations were developed taking them into account and sent to the relevant agencies.

Encouraging the formalization of the economic activity of women employed in the shadow economy – by raising women’s awareness and overcoming stereotypical attitudes – is one of the main aims defined in the National Concept Document on Women’s Economic Empowerment. In 2022, the Gender Equality Council carried out a thematic enquiry on access to financial resources for women and girls within the framework of the parliamentary oversight function. The representatives of State institutions, the banking and financial sector, civil society, and donor organizations were involved in the research process and presented their opinions.

The assessment identified a number of gaps that still exist and recommends amending legislation and introducing certain policies. To highlight some of them, I would like to draw your attention to specific recommendations: introducing paternity leave through legislative changes; creation of a gender-sensitive working environment; and improvement of gender statistics. The Civil Service Bureau is working on the improvement of the practice of collecting gender-related statistics. In this regard, gender indicators have been identified which will ensure that the Civil Service Bureau analyses gender-related situations in the civil service, and implements a human resources management policy based on gender analyses.

As to enforcement, I would like to once again inform the Committee that, following the large-scale labour law reform, a fully-fledged Labour Inspection Office has been in place since January 2021. The Labour Inspection Office is entitled to supervise the implementation of standards related to the prohibition of discrimination in labour relations, including precontractual relations. This includes investigating allegations of discrimination, identifying instances of discrimination, and applying relevant administrative measures if confirmed.

In the reference period of 2021–23, the Labour Inspection Office identified more than 100 cases of discrimination, 120 concerning precontractual relations and 14 concerning ongoing or terminated employment. Additionally, one confirmed case of sexual harassment and two cases of employer’s inaction were identified.

Apart from the above-mentioned steps that have been taken, I would like to highlight the importance of social dialogue in ensuring a decent working environment, and inform the Committee that the Tripartite Social Partnership Commission’s action plan outlines various topics for discussion through social dialogue, leading to tripartite decisions.

In conclusion, the Government of Georgia reiterates its unwavering commitment to working with social partners to ensure decent working conditions free from discrimination for all men and women.

Worker members – This is the second time that our Committee has examined the application of the Convention by the Government of Georgia. In its first examination in 2018, our Committee requested the Government to undertake a number of actions, including:

• ensuring that national legislation expressly commits to the principle of equal remuneration for men and women for work of equal value in consultation with the social partners;
• implementing effective enforcement and detection mechanisms to ensure that the principle of equal remuneration for men and women for work of equal value is applied in practice; and
• taking steps to raise awareness among workers, employers and their organizations of the laws and procedures available in order to allow them to avail themselves of their rights.

Six years later, the Government has yet to take some concrete measures to give full effect to these conclusions.

In its 2024 observation, the Committee of Experts noted that the principle of equal remuneration for men and women for work of equal value is not properly reflected in the legislation: neither the Labour Law, nor the Law on Public Service entitle workers to equal remuneration for work that is entirely different but nonetheless of equal “value”.

We recall that legal provisions that are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination. Therefore, we urge the Government of Georgia to amend the Labour Law and the Law on the Public Service, in cooperation with the social partners, in order to give full legislative expression to the principle of “equal remuneration for men and women for work of equal value”.

Furthermore, in line with Article 3 of the Convention, we stress the importance of elaborating techniques and methodologies to measure and compare objectively the relative value of the jobs performed. We recall that, because men and women often perform different jobs that may be valued in different ways by societies, a technique to measure the relative value of jobs with varying content is critical to eliminating discrimination in the remuneration of men and women.

Secondly, we take note of several policy initiatives adopted by the Government of Georgia to address gender inequalities, including the adoption of the State Concept on Gender Equality in December 2022 and the National Concept Document on Women’s Economic Empowerment in March 2023; the 2022–24 Action Plan and communication strategy; and its participation in the Equal Pay International Coalition since 2021. We also note that the Civil Service Bureau started a Gender Impact Assessment of the Civil Service Law to reveal gender inequities in professional development and in work-life balance and pay gaps. In this framework, wages and pay arrangements within the civil service will be analysed to find and address gender discrimination. Finally, we note that a working group was created to conduct a thematic enquiry into the rights of women in the informal economy and the impact of COVID-19 and that this working group issued 29 recommendations.

Despite these efforts, results are slow to materialize, as in most sectors of activity there has been little to no improvement in reducing the gender pay gap.

More specifically, the gender pay gap still stands at 23 per cent. Despite representing 52 per cent of the population, only 40.5 per cent of women participate in the labour market. Furthermore, there appears to be a discrepancy between women’s levels of education in Georgia and their access to gainful employment: 57.9 per cent of unemployed women have obtained higher or secondary vocational education.

This lack of progress has been observed by the United Nations Committee on the Elimination of Discrimination against Women which expressed its concerns, in its 2023 conclusions, regarding the widening gender gap, despite economic and income growth.

We recall that, to achieve effective equality, it is essential to identify the structural inequalities that disadvantage women and exclude them from acceding to the labour market and to quality jobs, or from enjoying decent work, such as vertical and horizontal occupational segregation and their over-representation in non-standard forms of employment. These include stereotypes about the respective roles of men and women in society, their capabilities and aspirations. Alongside these stereotypes, other phenomena that perpetuate gender inequalities at work need to be addressed, such as the gender remuneration gaps and access to managerial positions, leadership and decision-making roles. The unequal distribution of unpaid care work and its links to motherhood and family responsibilities remains, in this regard, one of the key elements to be addressed, as it is the main reason for women remaining outside the labour force.

We call on the Government of Georgia to take measures to effectively address the persisting horizontal and vertical segregation prevailing in the country, in particular the underlying causes of inequalities in remuneration, such as occupational gender segregation into lower-paying jobs or occupations or positions without career opportunities, including through targeted vocational training, occupational quotas, incentives and awareness-raising activities. We also call on the Government to regularly review wages in sectors in which women are concentrated and to raise the minimum wage, which was last fixed 25 years ago, in 1999.

Finally, we take note of the observations of the Committee of Experts regarding the extension of the mandate of the labour inspectorate in 2020 to enforce the prohibition of discrimination. It appears, however, that in 2021–22, out of 5,295 inspections carried out, no violations regarding equal remuneration were found. Similarly, the courts have reported no cases regarding equal pay between men and women.

We echo the observation of the Committee of Experts that, when no cases or complaints are being lodged, it 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. We call on the Government to take measures to review existing complaint mechanisms so as to ensure that procedures are easily accessible, effective and speedy. We also request the Government to train and raise awareness of labour administration staff, the judiciary and the general population on the principle of the Convention.

Employer members – The Employer members have taken note of the information provided by the Government and would like to thank the representative for the explanations.

Georgia ratified the Convention in 1993. The Committee of Experts made observations on this case in 2018, 2020 and 2023. Today is the second time after 2018 that the Committee has examined the application of the Convention by Georgia.

From the outset, the Employer members want to highlight the importance of the Convention, which is one of the ten ILO fundamental Conventions, which has received 174 ratifications.

The Employer members would like to recall that Article 2 of the Convention requires that States must ensure the application of the principle of equal remuneration for men and women workers for work of equal value to all workers. We would also like to highlight that, according to Article 4, States shall cooperate, as appropriate, with the employers’ and workers’ organizations concerned for the purpose of giving effect to the provisions of the Convention.

The case consists of three parts:

The first is about the national legislation on equal remuneration for work of equal value. In its recent report, the Committee of Experts stressed that the principle of equal remuneration for men and women for work of equal value is not properly reflected in the national legislation. They argue that neither the Labour Law, nor the Law on the Public Service entitle workers to equal remuneration for work of equal value. In its written report of 23 May 2024, the Government argued that the latest amendments to the labour legislation “outstandingly strengthen the legal framework for the protection of the labour rights of Georgian workers”. They mentioned that amendments include the adoption of the principle of equal pay for equal work. Furthermore, reference was made to the special law against discrimination, the Law on the Elimination of All Forms of Discrimination. The Employer members have taken note of this development. However, we would like to mention the Committee of Experts’ indication that the principle of equal remuneration for men and women for work of equal value is not properly reflected in the legislation. Therefore, we urgently ask the Government to provide more detailed information on the recent developments and to report back to the Committee of Experts. Furthermore, we recommend that the Government amend the labour legislation, in cooperation with the representative employers’ and workers’ organizations, in order to implement the principle of equal remuneration for men and women for work of equal value.

The second part of this case deals with the measures taken by the Government. The Employer members note that several activities have been undertaken by the Government:

• In 2021, Georgia joined the Equal Pay International Coalition.
• In December 2022, the Government adopted a State Concept on Gender Equality.
• In March 2023, it developed a National Concept Document on Women’s Economic Empowerment.
• A subsequent 2022-24 action plan and communication strategy were developed.

In its statement of 23 May 2024, the Government argued that the national labour and employment policy strategy envisages means of promoting gender equality and women’s participation in the labour market and entrepreneurship. For example, the Labour Code encourages a work–life balance for both parents and introduces the notion of part-time employment. However, it should be noted that the Committee of Experts observed in its recent report that there has been little to no improvement in reducing the gender pay gap, despite economic and income growth. Therefore, the Employer members ask the Government to provide detailed information on the specific measures taken to improve the situation on the ground and to provide detailed and comprehensive statistical data on the number of men and women unemployed, disaggregated by economic sector and occupational level. We would also like to recall that the Committee of Experts already requested the Government to step up its efforts to address the underlying causes of inequalities in remuneration.

The third part of this case is about enforcement. In 2020, the Labour Inspection’s mandate was extended to enforce the prohibition of discrimination and section 78 of the Labour Code established sanctions for violating the provision of equal remuneration for equal work. Since 1 January 2021, a Labour Inspection Office has been in place. The Labour Inspection Office is entitled to supervise the implementation of standards related to the prohibition of discrimination in labour relations. This includes investigating allegations of discrimination, identifying instances of discrimination and applying relevant administrative measures, if confirmed. However, the Committee of Experts noted in its latest report that from 2021 to 2022, out of about 5,295 inspections carried out at 2,767 workplaces, no violations regarding equal remuneration were found. Furthermore, courts have reported no cases regarding equal pay between men and women. In its recent report of 23 May 2024, the Government pointed out that during the 2021–23 reference period, the Labour Inspection Office identified 144 cases of discrimination, 120 concerning precontractual relations and 14 concerning ongoing or terminated employment. The Employer members have taken note of the ongoing developments, especially that two regional offices have been opened, the budget and number of inspectors have increased, and labour inspectors are trained and retrained. However, we ask the Government to provide detailed and comprehensive information on its efforts to train and raise awareness on the principles of the Convention.

We welcome the expressed commitment of the Government to work with the employers’ and workers’ organizations to promote decent working conditions for all men and women, free from discrimination.

To conclude, we ask the Government to effectively consult and cooperate with the representative employers’ and workers’ organizations concerning all measures and initiatives they take with regard to the application of the Convention.

Worker member, Georgia – It is my honour to speak on behalf of the Georgian Trade Union Confederation (GTUC). Despite a number of significant reforms carried out in Georgia with the participation and involvement of the GTUC in recent years, gender inequality in Georgia remains a challenge.

It should also be noted that recently, in April of this year, the Parliament of Georgia abolished the gender quotas established in the Electoral Code, which is another step backwards on the road towards ensuring gender equality. To this day, stereotypes associated with women in leadership and decision-making positions are still deeply rooted in society.

Since there is an imbalance and inconsistency between family responsibilities and work, women are affected by pregnancy, birth and childcare. Gender inequality is clearly visible in official statistics. According to GEOSTAT, the Georgian Department of Statistics, women comprise 52 per cent of Georgia’s population, only 40.5 per cent of working-age women participate in the labour market and we have a 22 per cent gap between the economic activity of men and that of women. It is also important to note that the level of education of women is not properly reflected in their economic activity. Indeed, 57.9 per cent of unemployed women have completed higher or secondary vocational education. This is accompanied by a noticeable gender division of professions and a wage gap. According to the World Bank, more efficient use of the economic resources of women in Georgia, in particular eliminating gender inequality in the labour market, will lead to an increase in GDP of 11.3 per cent.

Today, the gender pay gap is an important issue in terms of women’s economic activity. According to statistics from 2022, the gap between the average salary of women and men in Georgia was 31.7 per cent. This wage gap is decreasing, although the decline has slowed in the last three years. According to GEOSTAT the adjusted wage gap in Georgia, according to statistics from 2022, was 23 per cent. As mentioned many times before, wages are traditionally lowest in areas where the largest number of women are employed and concentrated.

In 2018 the Committee considered Georgia’s case because of its non-implementation of the Convention, and, as a result, Georgia took some steps during the labour reforms of 2020, introduced several changes to labour legislation and also introduced one article into the Labour Code, article 4, according to which employers are obliged to provide equal pay for men and women for equal work. Unequal pay is already considered as one form of discrimination. Starting from 2021, control of this issue, also covering the pay gap and discrimination in general, has been entrusted to the Labour Inspection Service.

The Labour Code does not have any additional provisions regarding the rules for calculating remuneration, institutional transparency of the above and/or other similar aspects.

In another law, also on the public service, we have a definition in article 57 according to which the remuneration system for public servants is based on the principles of transparency and fairness, which imply equal pay for equal work.

As we see from both definitions which we have in the Labour Code and in the Law on the Public Service, both contain a legal flaw and do not comply with the Convention, which refers to work of equal value, not equal work in general as it is in our national legislation. It also does not address any specific mechanism for women and men to receive equal pay, as there is currently no methodology to guide employers to define “work of equal value.” As a result, this only adds a declarative value to the specified normative mechanism and cannot be presented as an effective mechanism.

As we know, the Convention provides a definition of “equal remuneration for work of equal value”, which is different from the Georgian standard and not only implies equal remuneration for persons working in the same position, but also evaluates the work of persons employed in different positions and compares these values against each other. Thus, according to the ILO standard, within an enterprise (or any organization), the value of work performed in all positions must be assessed, and work of equal value must be paid equally.

Without a methodology for assessing equal work, it is difficult, if not impossible, to enforce the obligation to pay equal pay for work of equal value. In the future, we also should take into consideration that the wage gap will also create a gender gap in pension provision, so a pension gap, because Georgia switched to an accumulative pension scheme several years ago.

Therefore, it is not surprising that neither the court nor the Labour Inspection or Public Defenders Office has a single case where the issue of the gender pay gap is considered; all three institutions which are dealing with non-discrimination cases and the pay gap have had not one single case, even until today.

To eliminate wage inequality, it is also necessary to define in legislation a decent minimum wage and collect and analyse wage data. Also, control over the implementation in practice of the principle of equal pay for work of equal value should be carried out through control bodies.

It should be noted that the GTUC has repeatedly put forward an initiative on a decent minimum wage for consideration by the Tripartite Commission and the Parliament as well, but to no avail.

Therefore, the Government needs to make appropriate steps in legislation and practice in order to implement the Convention and also implement all recommendations of the Committee of Experts from the past years.

In particular, in consultation with social partners, the following steps should be taken: (i) defining the term and principle of equal pay for work of equal value in labour legislation, both in the Labour Code and in the Law on the Public Service; (ii) creating a methodology for assessing/measuring the value of work; (iii) creating and implementing effective rules for pay transparency systems; (iv) ensuring maternity protection according to international labour standards; and (v) ratifying the ILO Minimum Wage Fixing Convention, 1970 (No. 131), to establish a minimum wage that takes into account the economic factors of workers and their families, including the current level of economic development, based on social dialogue, and a mechanism for the annual adjustment/revision of the minimum wage.

We do hope that the Georgian Government will make further progress in the process of implementing ILO Conventions and international labour standards and will adopt the relevant legislation and take steps as already provided in the recommendations of the ILO Committee of Experts.

Government member, Belgium – I have the honour to speak on behalf of the European Union (EU) and its Member States. The candidate countries Albania, Montenegro and North Macedonia, and the European Free Trade Agreement country Norway, member of the European Economic Area, align themselves with this statement.

The EU and its Member States are committed to the respect, protection and fulfilment of human rights, including labour rights. We promote universal ratification and effective implementation of ILO fundamental Conventions and support the ILO in developing and promoting international labour standards and supervising their application.

The EU and its Member States granted Georgia candidate status in December 2023 on the understanding that Georgia takes relevant steps in the area of the proper functioning of democratic institutions and reforms related to justice and the rule of law. Since 2016, an association agreement between the EU and Georgia is in force, and together we have been deepening political association and economic integration with the European Union, including through a commitment to respect and implement the internationally recognized core labour standards, as embodied in the ILO fundamental Conventions.

We acknowledge that in recent years, Georgia has adopted important reforms of its labour legislation, including key amendments to the Labour Code in 2020, which, among others, introduced the principle of equal pay for equal work. However, despite the requests of the Committee of Experts and the conclusions of the Conference Committee on the Application of Standards of 2018, the principles of equal remuneration for men and women for work of equal value is not properly reflected in the legislation. In line with the observations of the Committee of Experts, we encourage the Government to amend labour legislation to include the principles of “equal remuneration for men and women for work of equal value” and to revise relevant sections of the 2015 Law on the Public Service to include the concept of “work of equal value”.

We welcome that Georgia has developed several instruments to reduce the gender pay gap and promote equal remuneration, such as the National Concept Document on Women’s Economic Empowerment and the Gender Impact Assessment of the Civil Service Law. The country has also joined the Equal Pay International Coalition and adopted in 2022 the State Concept on Gender Equality, which aims to eliminate all forms of gender-based discrimination.

We however note that despite these and other measures, horizontal and vertical segregation persists in the country. The EU and its Member States encourage the Government to increase its efforts to address unequal remuneration and provide additional information on the measures taken within the framework of the previously mentioned instruments. Regarding the Gender Impact Assessment of the Civil Service Law, we echo the call of the Committee of Experts to provide a summary of its findings, as well as to continue providing to the Committee gender-disaggregated data on employment in the country.

As regards enforcement, we welcome the continued development and capacity-building of the Labour Inspection Office, tasked, among others, with the investigation of allegations of discrimination and the organization of awareness-raising trainings. We also note, from the Government’s information, the establishment of a special division to investigate workplace discrimination and sexual harassment. Despite these measures, the Committee notes that in the 2021–22 period, the Labour Inspection Office did not find any violations related to equal remuneration. Moreover, the additional written information submitted by the Government does not develop on whether the trainings organized by the Labour Inspection Office included components on equal pay.

In line with the General Survey of 2012, we would like to recall that when no cases or complaints are being lodged it is a likely indication of 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. We encourage the Government to provide more information on measures taken to organize awareness-raising trainings for various categories of State officials, workers and employers, and on the accessibility and availability of existing complaint mechanisms.

We welcome the Government’s recognition that gaps may still exist in their legislation and the commitment to collaborating with the social partners to ensure decent work for all. The EU and its Member States are ready to cooperate constructively with Georgia with the aim of strengthening the Government’s capacity to address the issues raised in the Committee of Experts’ report.

Worker member, Belgium – The Committee of Experts noted in 2023 that across all economic activities, women earn 69 per cent of the average male salary, a wage gap of 31 per cent. In some sectors, women’s salaries are half those of men. That is the result of persistent horizontal and vertical segregation in the labour market.

This striking wage gap owes to a series of factors. The perpetuation of gender stereotypes in education leads a high proportion of women and girls to study in fields seen as “feminine”. Consequently, they are limited to poorly paid jobs and sectors such as education and social care and are employed mainly in the informal economy as care assistants, nannies or cleaners.

Even if they have a higher level of education than men, women undertake a disproportionate amount of household tasks and childcare, which are unpaid. They are also often subject to discriminatory social norms.

These conditions prevent them from gaining professional experience and hinder their access to training, which also has an impact on their salaries.

It is therefore vital to close the gap between women’s and men’s levels of economic activity, particularly by endeavouring to ensure a better division of domestic tasks. An equal wage for work of equal value would encourage women to increase their involvement in economic activities and would certainly influence family decisions. There is also a need to combat gender stereotypes that channel women into less well-paid areas of training and sectors of activity.

In particular, we would like to highlight the impact of gaps in social protection on poverty among women. Inequality and labour informality lead to a reduction or deprivation of the rights to work, decent working and living conditions, and social protection. This is particularly flagrant when it comes to pension rights and the inequalities suffered by women throughout their professional lives that expose older women workers who are in the most precarious position to poverty.

There are also many problems in relation to maternity protection. Issues surrounding maternity allowances in the private sector remain an acute problem since it is still up to employers to decide whether to provide maternity pay beyond that granted by the State. In practice, legislation leads women employees to return to work as soon as possible in order to earn a wage, violating their right to maternity protection. Moreover, given that their low salaries and insufficient financial resources do not allow them to pay for childcare, women are often forced to leave their jobs to look after their children. Lastly, the Labour Code does not afford protection against dismissal following the expiry of maternity leave in the private sector.

In order to reach minimum standards of maternity protection in Georgia, including ensuring that women and their children can stay in proper conditions of health and with a suitable standard of living, it is vital that the Government ratifies the Maternity Protection Convention, 2000 (No. 183).

Specific measures should also be adopted to grant informal economy workers access to jobs in the formal economy, enabling them to benefit from social guarantees and labour rights protection.

In conclusion, reforms to social protection systems can alleviate inequalities and help extend social protection coverage to women excluded from it and at risk of poverty. This requires appropriate non-contributory social protection schemes such as base pensions, sufficient maternity allowances and adequate minimum unemployment benefits in order to combat inequality and poverty.

Worker member, Sweden – I am speaking on behalf of the Nordic trade unions in Sweden, Finland, Norway, Denmark and Iceland. Georgian labour law fails to capture the concept of “work of equal value” which is a breach of the Convention. Georgia has a gender pay gap of a staggering 31.7 per cent, the global average being 20 per cent, and I might add that in Sweden we have 10 per cent, so a lower number is possible. To close the pay gap, the Government of Georgia needs to adapt labour law to the Convention and then make sure that employers apply the law.

In 2021–22, labour inspectors in Georgia visited 2,767 workplaces, and they did not find any violations regarding equal remuneration. And this in a country where the gender pay gap is 31.7 per cent. This suggests that labour inspectors need to receive training on equal pay for work of equal value.

Gender pay gaps have a multitude of reasons, and all of them must be addressed in order to close the gap. What Georgia has in common with many countries in the world is a segregated labour market where you traditionally will find female workers in sectors with low wages and male workers in sectors with high wages. Even when the work is of equal value it is not paid equally.

As parents we can encourage our sons and daughters to make educational and professional choices outside of gender stereotypes, but we need the Government to have legislation in place that takes into account the concept of “work of equal value”. The Government should also work with incentives and awareness-raising activities; this includes encouraging girls to study in science, technology, engineering and mathematics (STEM) programmes at university. Currently only 16 per cent of graduates from STEM programmes are women.

In Georgia, as in many other countries, women are now better educated than men. Despite this fact that more women than men have received a higher education, the pay gap is still 31.7 per cent. In Georgia, having a Y chromosome really pays off.

The Nordic trade unions call upon the Government of Georgia to amend the labour legislation to capture the concept of work of equal value, to give adequate training to labour inspectors and to work with incentives and awareness-raising activities in order to help the young to choose a profession in spite of existing stereotypes.

Observer, Building and Wood Workers’ International (BWI) – Various measures could be applied to close the gender pay gap and ensure equal pay for equal work in compliance with the ILO Convention. One such measure is to set a decent minimum wage. Georgia’s private sector minimum wage was, as mentioned by a previous speaker, updated in 1999 and currently stands at 20 laris, which is equal to US$7.50 per month. This makes it one of the lowest monthly minimum wages in the world.

It is unlikely that anyone in Georgia earns 20 laris per month, but instead Georgia’s median wage was 1,040 laris, which equals US$390, in 2022. However, it gives employers a powerful tool to manipulate workers when a fixed part of the wage is secured at the minimum wage level and the rest is paid as a bonus.

An extremely low minimum wage does not allow for an effective and equal wage system in the country. Low-paid sectors stagnate as low-wage sectors for decades. Women’s segregation by industry and occupation locks them into economic activities with lower earnings. Often, female jobs are underappreciated and under-remunerated compared to work of equal value performed by men when determining wage rates. This violates the key concept of the Convention, which defines equal value as equal or identical work in equal, identical or similar conditions or different kinds of work that, based on an objective criterion, are of equal value.

The conclusions of the ILO expert meetings on wage setting and living wages of this year established, as has been done many times in this house, that collective bargaining and statutory minimum wages, through tripartite social dialogue, should be the proper modality for setting and adjusting wages. However, the wage-setting method aimed at achieving this should also ensure gender equality and non-discrimination and that wage policies and wage-setting mechanisms should promote gender equality, equity and non-discrimination.

We hence argue that adjusting the minimum wage to allow for a decent standard of living for workers and their families will be instrumental in reducing the gender pay gap in the economy.

Therefore, we call on the Office to provide technical assistance to the social partners in Georgia to establish an effective mechanism for increasing the minimum wage, to close the gender pay gap in Georgia, as well as to reach a wage level that is necessary to afford a decent standard of living for all workers and their families.

Chairperson – I can see no more requests for the floor, so now I invite the Government representative of Georgia to make her concluding remarks.

Government representative – I do not really have much to add for the moment. The fact is that we have done much, and we have to do more. We definitely do understand that there is a difference between equal remuneration for equal work and equal remuneration for work of equal value. But the issue is that we have to elaborate and implement relevant methodology regarding the assessment of work of equal value, to have clarity in the understanding of its content and procedure, and currently we are working on it. In conclusion, I would like to thank the ILO for its permanent interest and support to Georgia.

Employer members – The Employer members would like to thank the Government of Georgia and the various speakers who took the floor for their interventions and information provided of which we fully have taken note.

We reiterate the importance of the Convention as one of the ten fundamental Conventions with a very high ratification rate. We welcome signs of the Government’s willingness and expressed commitment to improve the situation concerning the application of the Convention and ask the Government to report on the progress being made.

We recommend that the national authorities effectively consult and cooperate with the representative employers’ and workers’ organizations. Specifically, we recommend that the Government:

• First, further amends the labour legislation, in cooperation with the representative employers’ and workers’ organizations, to implement the principle of equal remuneration for men and women for work of equal value.
• Second, take further measures to implement the Convention and to provide information on the progress achieved in this regard.
• Third, provide detailed information on specific measures taken under the framework of the Equal Pay International Coalition, the State Concept on Gender Equality, the National Concept Document on Women’s Economic Empowerment and the associated 2022–24 Action Plan.
• Fourth, continue to provide statistical data on the number of men and women employed, disaggregated by economic sector and occupational level.
• Fifth, provide information on efforts to train and raise awareness. Finally, provide information to the Committee of Experts before its next meeting on the issues discussed and measures taken.

Worker members – We thank the Government of Georgia for its participation and its remarks. We also thank all the delegates who took the floor.

We take note of the persisting gender pay gap and the structural horizontal and vertical segregation prevailing in the country which prevent women from accessing higher-paying jobs and from fully participating in the labour market.

The Government must take proactive measures, in cooperation with the employers’ and workers’ organizations concerned, to give full effect to the provisions of the Convention, in line with the comments of the Committee of Experts.

More specifically, we call on the Government to amend the Labour Law and the Law on the Public Service, in cooperation with the social partners, in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value.

We request the Government to take measures in cooperation with the social partners to effectively address the persisting horizontal and vertical segregation prevailing in the country, in particular the underlying causes of inequalities in remuneration, such as occupational gender segregation into lower-paying jobs or occupations or positions without career opportunities, including through targeted vocational training, occupational quotas, incentives and awareness-raising activities.

We also request the Government to elaborate techniques and methodologies to measure and compare objectively the relative value of the jobs performed in line with Article 3 of the Convention. Guidance and technical assistance from the ILO could be sought in that regard.

Noting that the gender pay gap still stands at 23 per cent, we urge the Government to regularly review wages in sectors in which women are concentrated and to raise the minimum wage, which was last fixed 25 years ago in 1999.

In addition, we request the Government to take measures to implement effective enforcement and detection mechanisms. The Government should also review existing complaint mechanisms so as to guarantee easily accessible, effective and speedy procedures to workers. We further request the Government to train and raise awareness of labour inspectors, judges, lawyers, public officials, workers, employers and their organizations, as well as the public, on the principle of this Convention.

Finally, we request the Government to regularly collect and analyse statistical data on the number of men and women employed, disaggregated by economic sector and occupational level, as a useful basis for policymaking. We call on the Government of Georgia to accept a technical advisory mission.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government and the discussion that followed.

Taking into account the discussion, the Committee urged the Government to take effective measures, in consultation with the representative employers’ and workers’ organizations, to:

• amend the Labour Law and the Law on the Public Service in order to give full legislative expression to the principle of “equal remuneration for men and women for work of equal value”;
• effectively address the persisting horizontal and vertical segregation prevailing in the country, including through targeted vocational training, occupational quotas, incentives and awareness-raising activities;
• regularly review wages in sectors in which women are concentrated;
• implement effective enforcement and detection mechanisms;
• review existing complaint mechanisms so as to ensure that procedures are easily accessible, effective and speedy;
• provide detailed and comprehensive information on its efforts to train and raise public awareness on the principle of the Convention;
• regularly collect and analyse statistical data on the number of men and women employed, disaggregated by economic sector and occupational level; and
• provide the Committee of Experts with any outstanding information it requested.

The Committee invited the Government to avail itself of ILO technical assistance.

CMNT_TITLE_CAS



A Government representative outlined the measures undertaken to ensure gender equality and equal remuneration for men and women in the labour force. In line with international commitments, Georgia had made significant progress in adopting legislative changes and implementing policy reforms to foster gender equality and encourage economic empowerment of women. National laws and policies had been developed to ensure and promote gender equality, prohibit all forms of discrimination against women and girls, and encourage women’s participation in political, economic and social processes. National legislation protected gender equality in all spheres, including labour and employment. The Constitution recognized equality of all people before the law: (i) pursuant to article 14, everyone was free by birth and equal before the law, regardless of race, colour, language, sex, religion, political and other opinions, national, ethnic and social belonging, origin, property and title, and place of residence; (ii) pursuant to article 38, all citizens were equal in social, economic, cultural and political life, irrespective of their national, ethnic, religious or linguistic affiliation; and (iii) article 30 specified that the protection of labour rights, fair remuneration, safe and healthy working conditions and the working conditions of minors and women were determined by the Labour Code. The fundamental principles defined in the Constitution were further elaborated in different legal acts. Many of the rights and protections to ensure gender equality in labour relations were provided for in the Labour Code and the Law on the Public Service, which determined equality in the public sector concerning access to employment, terms of employment and working conditions, including remuneration and career development. The Law on Gender Equality constituted a core legal instrument for promoting gender equality, including equality in employment. The Law on the Elimination of All Forms of Discrimination was also an important mechanism for the protection of women and girls from direct and indirect discrimination and unequal treatment.

Nevertheless, there remained legislative and policy gaps related to gender equality. The Government continued to harmonize the legal framework with international standards, pursuant to the timeline for the transposition of European Union (EU) Directives, as agreed in the EU–Georgia Association Agreement. The Government had committed to implementing the EU Directive 2006/54/EC of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in employment and occupation matters. The Directive provided that, for the same work or for work of equal value, direct and indirect discrimination on grounds of sex with regard to all aspects and conditions of remuneration must be eliminated. The Government, in close cooperation and consultation with the social partners, was working on the transposition of the Directive into national legislation. On 27 October 2015, a new Law on the Public Service had been adopted, which stipulated that the remuneration system for public servants was based on the values of transparency and fairness, and on the principle of equal pay for equal work. In 2018, in order to further strengthen anti-discrimination and equal rights at work, amendments to the following laws had been developed with the active participation of the social partners, and submitted to Parliament: the Labour Code; the Law on the Elimination of All Forms of Discrimination; the Law on the Public Service; and the Law on Gender Equality.

The legislative framework alone did not guarantee enjoyment of equal rights and non-discrimination and, without effective enforcement mechanisms, progress could not be achieved. The main institutional frameworks to promote and enhance gender equality were the Council for Gender Equality in the Parliament and the newly established Inter-Agency Commission on Gender Equality, Violence against Women and Domestic Violence, within the executive branch. Both institutions were responsible for inter-agency coordination, monitoring the implementation of laws and development of national action plans on gender equality. In this respect, a two-year work plan on gender equality had recently been adopted, with a special focus on awareness-raising campaigns. In addition, the Gender Equality Department of the Public Defender’s Office served as an independent monitoring body on gender issues. Finally, the Government representative reiterated the commitment to making steady progress towards achieving gender equality and complying with international labour standards.

The Employer members recalled that this fundamental Convention had been ratified by Georgia in 1993. Since 2002, the Committee of Experts had repeatedly expressed concerns at the absence of national legislation giving full expression to the principle underlying the Convention. It was the first time that the application of the Convention by Georgia was being examined by the Committee on the Application of Standards. They recalled that the Convention required, by means appropriate to the methods in operation for determining rates of remuneration, that the principle of equal remuneration for men and women for work of equal value was applied to all workers. According to the Committee of Experts, while the Constitution, the Labour Code, the Law on Gender Equality and the Law on the Elimination of All Forms of Discrimination included certain provisions relating to equality, they did not specifically commit to the principle of equal remuneration for men and women for work of equal value, and the Government had not advised whether any consideration was being given to reviewing the relevant provisions in this respect.

Noting the existing legal prohibition of discrimination against women and girls, and the adoption last month of an Action Plan referred to by the Government, the Employer members appreciated the Government’s recognition of legislative gaps and its reaffirmed commitment to work on the issues raised by the Committee of Experts, implement related EU Directives, and undertake tripartite consultations with the social partners and the Council for Gender Equality in this respect. The Employer members encouraged the Government to take steps without delay to ensure that national legislation enshrined the principle of equal remuneration for men and women for work of equal value. As regards the gender pay gap in Georgia, however, its root causes remained unclear, and it appeared to prevail in the public sector. They encouraged the Government to provide information to the Committee of Experts of the work undertaken to implement the 2014–16 National Action Plan on Gender Equality, which, inter alia, aimed at promoting gender equality in the economic sphere. Information should also be provided on the steps taken to better understand the source of the gender pay gap and on concrete measures adopted to tackle it. The Employer members concluded by expressing their appreciation of the Government’s commitment and invited the Government to continue to work with the ILO in a constructive manner.

The Worker members recalled that, over the years, the Committee of Experts had noted shortcomings with respect to Georgia’s implementation of the Convention in practice, highlighting specifically the incompatible legislative framework and severe inequalities. In 2012, the Public Defender had exposed the persistent gender segregation in the labour market. The situation had clearly not improved since. The labour market participation rate for women between the ages of 15 and 64 stood at about 60 per cent, 18 to 20 percentage points below male participation rates. Records showed that traditional household responsibilities, especially childcare, reduced female labour force participation significantly. Despite relatively similar levels of education between men and women, occupational segregation remained rife, with certain sectors predominantly female (education, health and social services) and others predominantly male (transportation, construction, public administration and manufacturing). They regretted that the gender pay gap between men and women remained high, around 37 per cent, and was clearly attributable to industrial and occupational sex segregation, both vertical and horizontal, within and across establishments and sectors. Even at the enterprise level, the Bureau of Statistics had found that 60 to 67 per cent of eligible men received bonuses, premiums or health insurance under various conditions, whereas the rate was between 33 and 41 per cent for women in similar situations. Female representation in decision-making positions remained shockingly low. The Worker members underlined the legislative and regulatory gaps in relation to the Convention, as highlighted by the Committee of Experts: (i) section 2(3) of the Labour Code of 2006 prohibited discrimination of any kind in employment relations, but this was not sufficient because the principle of “equal pay for men and women for work of equal value” went beyond that of “equal pay for equal work”, in order to allow comparisons between work of a different nature by determining its value. This facilitated the entrance of women into male-dominated occupations, which were usually accorded a higher economic value, instead of just ensuring that pay was equal in a particular job or sector; (ii) recognizing the persistence of social and cultural inequalities between men and women, sections 4 and 6 of the Law on Gender Equality of 2010 specifically guaranteed gender equality, prohibited workplace violence, intimidation, and harassment, and ensured equal opportunity in employment. This was good, but not sufficient. Ensuring equal opportunity did not guarantee equal remuneration for work of equal value, nor did it guarantee the enhancement of the capabilities of women to enable them to take advantage of the opportunities granted; (iii) the Law on the Elimination of All Forms of Discrimination provided for the elimination of all forms of discrimination to ensure equal rights for natural and legal persons; and (iv) article 38 of the Constitution, as well as the Law on the Public Service and the future law on remuneration for public institutions, protected the equality of all citizens and created the framework for addressing issues of sex-based discrimination in employment without, however, addressing the principle of equal remuneration between men and women for work of equal value specifically. As indicated, these laws were necessary to address the inherent biases of discrimination, but not sufficient to ensure equal pay for men and women for work of equal value. Indeed, reports revealed that substantial gender gaps in average monthly nominal wages existed even in female-dominated sectors. Even among men and women with similar levels of education, significant inequality remained in the average salary distribution, notably because men mostly occupied private sector jobs, whereas women were more evenly distributed between in the private and public sectors.

The Government was encouraged to review and amend these laws, in consultation with employers’ and workers’ organizations, in order to promote more proactive measures for raising awareness, and enforcing the application of, the principle of equal remuneration for men and women for work of equal value, including through legally established or recognized machinery for wage determination and job evaluation and/or collective agreements at the national, sectoral and enterprise level. The Worker members noted the adoption of the 2014–16 National Action Plan on Gender Equality and the establishment of both the Inter-Ministerial Commission on Gender Equality and Women’s Empowerment and the Inter-Agency Coordinating Council for the Government’s Action Plan on the Protection of Human Rights. Despite these efforts, the systemic nature of the situation had not changed: institutions for the enforcement of measures to address gender equality and anti-discrimination remained weak or non-existent. The abolition of the Labour Inspection Services raised concerns about institutional inefficiency and ineffectiveness, despite the National Programme for Monitoring Labour Conditions and the Department of Inspection of Labour Conditions set up under the auspices of the Ministry of Labour, Health and Social Affairs. This new Department’s mandate focused on safety conditions and related complaints and did not specifically address sex-based occupational segregation and pay gap concerns. There were no adequate and effective enforcement mechanisms for applying the principle of equal remuneration between men and women for work of equal value, despite the endemic and persistent nature of sex-based occupational discrimination and inequalities. According to the Public Defender, the recommendations of the Labour Inspectorate should be made binding in the Labour Code to ensure their enforcement.

The Worker members urged the Government to realize the full scope of the Convention and to take concrete steps to review the national framework in order to address the root causes of gender discrimination, gender stereotypes regarding women’s aspirations, preferences and capacities, as well as the promotion of women’s access to a broad range of employment opportunities at all levels.

The Employer member of Georgia stated that the gender policy had always been one of the top priorities of the Georgian Employers Association (GEA), but that joint efforts. The GEA intended to develop the adequate approach through undertaking specific activities. First, it was necessary to conduct surveys in the business world to ascertain the real situation with regard to payment policies, careers and social conditions. Based on the result of those surveys, the corresponding activities and measures could be implemented, such as through information sessions on the best international practices related to the implementation of the Convention and, on that basis, determination of possible steps and measures in Georgia; training activities at company level; and conducting social and gender audits with a view to developing action plans for tackling gender issues. Second, a special working group should be established within the Government, where adequate legislative proposals could be developed supporting the social conditions of employed women. Specific activities should also be conducted together with trade unions in certain sectors with respect to management and trade union leadership, and local gender policies should be developed in collaboration with the local authorities. Third, youth entrepreneurship and related education, with a focus on social and gender thematics, should be supported. The speaker expressed his belief that, together, the social partners could devise and implement actions that would lead to a tangible improvement of the situation.

The Worker member of Georgia appreciated the consideration given to the issue by the ILO and its constituents and stated that without due attention from international labour institutions and the democratic community, problems that were perceived as being of little relevance at the moment, tended to gradually and extensively erode standards and conditions of work. The current problem of imbalance in wages between men and women was particularly alarming. The wage gap had reached 104 per cent in 2016, despite positive trends over the past decade, and currently stood at 52 per cent. The factors that had resulted in such a huge wage gap were clear and obvious: the year 2006 was the exact year that labour inspection had been abolished. The absence of an authority in charge of supervising labour relations implied a lack of compliance with basic labour standards and rights, including the principle of equal pay. Although, due to a commitment under the EU–Georgia Association Agreement, labour inspection had been re-established, its current mandate did not comply with ILO standards, since it did not have the power to conduct inspections to monitor compliance with requirements of labour legislation. Moreover, the speaker emphasized that the most pressing issue remained the lack of real and effective social dialogue, which would facilitate the resolution of many existing problems hampering the prosperity and economic stability of the country. Despite the fact that the Convention had been ratified in 1993, the persistence of such a significant wage inequality demonstrated that international Conventions were being ratified only as a matter of form. Over the past twenty years, no working mechanisms to define “work of equal value” had been established, and no relevant policies or awareness-raising campaigns had been undertaken to address issues on equality and protection of women’s rights in labour relations. With respect to equal pay, it should also be noted that the current legal instruments determining the minimum wage had been adopted back in 1999. Thus, in the private sector, the minimum wage was significantly lower than in the public sector to about US$55. Notwithstanding years of constant demands to establish an adequate minimum wage level, the authorities had persistently ignored the numerous appeals from trade unions, human rights activists, non-governmental organizations and even large transnational corporations. On the basis of official data provided by the Statistical Department of Georgia, it was possible to evaluate the real picture at national level of gender inequality in the world of work. For example, in 2016, the average monthly nominal salary of men was about US$450, and US$295 for women. The speaker emphasized that, while the Government had committed to radically change the current situation, the trade unions had no illusions regarding the elimination of gender discrimination through a one-time solution. This required an integrated approach and a long-term and active policy. It was necessary for societies across the world, especially conservative and traditional ones with obsolete stereotypes, including in Georgia, reconsider their views on the role and rights of women in modern life. This goal could be achieved only through the joint efforts of all national and international institutions, and the entire civilized world, in order to eradicate all forms of discrimination, and above all, violations of women’s rights and freedoms everywhere.

The Government member of Bulgaria, speaking on behalf of the EU and its Member States, as well as Bosnia and Herzegovina, Montenegro and Norway, stated that national legislation did not give full expression to the principle of equal remuneration for men and women for work of equal value, and expressed concern that this issue had been raised several times by the Committee of Experts without being addressed by the Government. The legislative package submitted to Parliament at the end of 2017, which included amendments to the Labour Code, the Law on Gender Equality, and the Law on the Elimination of All Forms of Discrimination, should address the gaps identified by the Committee of Experts and by the Public Defender. Measures should be taken in consultation with the social partners without delay, in order to further review the legislation, including section 57(1) of the Law on the Public Service, and bring it into full compliance with ILO Conventions, particularly with the principle of equal remuneration for men and women for work of equal value. The gender wage gap was persistent and significant in every sector of the labour market, including in female-dominated sectors. This phenomenon did not only concern wages, but also social benefits and bonuses. The underlying causes were perhaps linked to occupational gender segregation and gender discrimination. Despite existing legal provisions, gender-based discrimination was still very common in practice at the recruitment stage and in job advertising. The speaker called on the Government to take measures to reduce the gender pay gap and address its underlying causes, and to promote women’s access to a wider range of job opportunities at all levels, including management. She also called for concrete follow-up to the recommendations made by the Public Defender, in particular to improve awareness among employers. Finally, the speaker called on the Government to take measures to ensure effective enforcement of the principle of equal remuneration for work of equal value, including adequate labour inspections, awareness-raising campaigns on the laws and procedures available, and strengthening the capacity of judges and other authorities to detect and address pay inequalities between men and women.

The Worker member of Norway, speaking on behalf of the Worker members of the Nordic countries, expressed deep concerns regarding the absence of legislation giving full expression to the principle of equal remuneration for men and women for work of equal value in Georgia. The Georgian Trade Union Confederation (GTUC) had actively worked to improve conditions for women in the workplace and had encouraged women to increase their trade union participation. Statistics and facts regarding gender equality in the country were lacking, and the level of awareness around gender issues and women’s rights needed to be increased. Available statistics showed that women’s position in the labour market was very precarious: women were the first to lose their jobs when companies fired people, they often took jobs far below their skill level, and earned only about 60 per cent of what men earned. In the informal economy, where women constituted 50 per cent of the workers, protection mechanisms were virtually absent, and workers were particularly vulnerable to discrimination. Women in the informal economy had to survive on very low wages and were often subjected to sexual harassment. Considering that there was widespread discrimination in employment in Georgia, both in terms of recruitment, selection and wages, the speaker urged the Government to give full legal expression to the principle of equal remuneration for men and women for work of equal value, therefore strengthening women’s economic freedom, ensuring women a place in law-making processes and participation in the labour market on equal terms with men. In Georgia, a substantial gender gap in average monthly nominal wages existed in every sector of the labour market, including in female-dominated sectors such as education and health care, and even among men and women with similar levels of education. The Government had not indicated whether any consideration had been given, in consultation with the social partners, to reviewing the provisions of the Constitution, the Labour Code and the Law on Gender Equality. Moreover, the Law on the Elimination of All Forms of Discrimination, while including a general prohibition of discrimination based on sex, did not refer to the principle of equal remuneration for men and women for work of equal value. The speaker urged the Government to implement the conclusions to be adopted by the Committee and to amend the national legislation so as to ensure conformity with the Convention.

The Worker member of the United States indicated that there were problems in law and practice in Georgia. The principle of equal remuneration for men and women for work of equal value was not sufficiently reflected in the general prohibition of discrimination contained in existing labour legislation, including the Law on the Elimination of All Forms of Discrimination of 2014. The lack of a systematic approach, in law and practice, to ensuring equal remuneration for men and women for work of equal value was illustrated by the statistics on wages and other compensation reported by the Committee of Experts. For example, in 2016, women earned on average 65 per cent of men’s salary, while men were approximately two times as likely as women to receive bonuses, premiums and employer-paid health insurance. The solution to the problem was not only legislative. With respect to enforcement, the Labour Inspection Service had been dismantled in 2006 and re-established in 2015. Since 2015, a sufficient labour inspectorate (beyond the monitoring of health and safety conditions and forced labour) had not been established. Its mandate was still insufficient to monitor compliance with a full range of labour standards, including those covered by the Convention. As a result, there was no adequate and effective enforcement mechanism to ensure the application in practice of the principle of equal remuneration for work of equal value. Labour inspection institutions had to be re-established to ensure compliance with new legislation that would define equal pay clearly and in compliance with the Convention, articulating the key concept of “work of equal value”. The methodological shortcomings to evaluate the value of jobs were a challenge not only for legislators, but also for the labour inspectorate charged with monitoring compliance. It was therefore necessary to aim at full compliance with the Convention in both the public and private sectors, as the Government implemented its “State Strategy of Labour Market Formation and its Implementation Action Plan 2015–18” by amending the Labour Code to align it with international labour standards. In addition, it was necessary to provide the labour inspectorate with sufficient methodology guidance, training and funds to ensure that the new legislation was applied in practice. In addition to these measurable quantifiable challenges on wages and benefits, the country faced cultural challenges in addressing entrenched and often implicit bias against women. The underlying causes of those inequities had to be addressed by recognizing them and engaging in awareness-raising activities. According to national trade unions, many employers treated women as “problem-causing” workers, who would often be absent and demanded additional privileges, such as maternity leave. Such situations led to gender discrimination in employment, remuneration and career advancement. The underlying causes of these inequities were a concern for everybody. There were no concrete policies in place to provide meaningful assistance to all workers regarding work–life balance and the combination of family responsibilities with occupational duties. Until such measures were taken, women would be charged with family responsibilities and expectations in practice, which entailed lower levels of promotion and remuneration.

The Government representative, duly noting the valuable comments of the Committee, reiterated that her Government acknowledged the existence of legislative and policy gaps and was taking significant steps and measures to harmonize national legislation with international labour standards and best practices. However, the root causes of the established gender pay gap lay in gender discrimination, the social norms of society and the social role of women therein. It was therefore important to develop strategies and awareness-raising campaigns with a view to changing attitudes and mainstreaming gender into social and labour policies. The Government was taking action to foster women’s participation in the labour market and had already identified women and young persons as the target population for empowerment. She highlighted the Government’s readiness to work towards improving the legislative framework and institutionalizing the implementation mechanisms in the area of gender equality, in particular by strengthening the capacity of the newly established labour inspection service and gradually broadening its mandate to enable it to be a fully-fledged labour inspectorate that would also cover issues such as the gender pay gap and women’s rights in the workplace.

The Worker members stated that, when examining cases on the application of the Convention, the broader context of women’s empowerment and gender non-discrimination should not be forgotten. The Convention rightly placed remuneration at the heart of combating discrimination against women. Historical attitudes and stereotypes had consigned women to certain jobs, and this kind of segregation had traditionally subordinated women’s aspirations to those of men and lowered their social and economic standing. As a result, jobs predominantly performed by women were undervalued in comparison to work of equal value performed by men. To tackle this, the Convention required that wage rates be determined according to objective criteria, free from gender bias, and that these rates be established excluding any consideration related to the gender of the worker. Achieving this would serve as an important contribution to combating occupational gender segregation and other forms of unequal treatment. They called on the Government to take concrete steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value by amending the Labour Code, the Law on Gender Equality, the Law on the Elimination of All Forms of Discrimination, and the Law on the Public Service. Moreover, adequate and effective enforcement mechanisms should be put in place to ensure that the principle of equal remuneration was applied in practice, and awareness-raising measures should be adopted to ensure that workers could avail themselves of their rights under the Convention. The Worker members hoped that more detailed information would be received from the Government about the specific measures taken to reduce the gender pay gap and address its underlying causes. In this regard, it would be beneficial for the Government to avail itself of ILO technical assistance.

The Employer members welcomed the Government’s efforts and its constructive approach to the issue of gender equality in the workplace as regards equal opportunity and treatment. However, they concurred with the Worker members that the main obligation under the Convention, over and above gender equality, was to ensure the application to all workers of the principle of equal remuneration for men and women for work of equal value. Therefore, the Employer members encouraged the Government to take steps to ensure, in consultation with the social partners, that national legislation expressly enshrined the principle of equal remuneration for men and women for work of equal value; and to provide a full report to the Committee of Experts on the legislative amendments envisaged to this end. They further encouraged the Government to supply information concerning the recently adopted National Action Plan on Gender Equality, in particular its impact on efforts to ensure respect for the principle of equal remuneration for men and women for work of equal value. Noting the concerns raised by the Committee of Experts and the interventions made concerning the gender pay gap, the Employer members considered that a better understanding of the root causes of the gender pay gap in Georgia would be helpful, and cautioned that some of the causes could be extraneous to the principle underlying the Convention and could instead be related to occupational gender segregation, distinct participation of men and women in the private and public sectors, or discrimination in employment based on sex, as defined by the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Lastly, the Employer members expressed their optimism and encouraged the Government to avail itself of ILO technical assistance and to continue the process of implementation in close cooperation and consultation with the social partners.

Conclusions

The Committee took note of the submissions of the Government representative and the discussion that followed.

The Committee welcomed the legislative efforts of the Government to ensure gender equality, however it noted that the Government has not made efforts to ensure the application of the principle of equal remuneration for men and women for work of equal value as required by Convention No. 100. The Committee noted with concern the abolition of the Labour Inspection Service and the absence of an equivalent replacement to ensure the enforcement of the rights and principles protected by the Convention.

Taking into account the Government’s submissions and the discussion that followed, the Committee recommended the Government to:

- ensure that national legislation, in particular the Labour Code, the Law on Gender Equality, the Law on Elimination of All Forms of Discrimination and/or the Law on the Public Service, expressly commits to the principle of equal remuneration for men and women for work of equal value in consultation with the social partners;

- implement effective enforcement and detection mechanisms to ensure that the principle of equal remuneration for men and women for work of equal value is applied in practice;

- take steps to raise awareness among workers, employers and their organizations of the laws and procedures available in order to allow them to avail themselves of their rights;

- continue to provide information on decisions handed down by the judiciary, and cases handled by the Office of the Public Defender;

- continue to provide gender-disaggregated data on labour market participation and remuneration;

- provide the Committee of Experts with information related to the 2018–20 Georgian National Action Plan on Gender Equality adopted in May 2018 and its potential impact on the principle of equal remuneration for work of equal value in law and practice; and

- avail itself of ILO technical assistance in implementing these recommendations.

The Committee encourages the Government to report on the measures taken to implement these recommendations to the Committee of Experts before its November 2018 session.

A Government representative thanked the Committee for the fair and constructive recommendations contained in the conclusions. He mentioned that his Government was pursuing reforms as a priority to harmonize law and practice with international labour standards and the standards of the EU following the signature of an association agreement between Georgia and the EU.

CMNT_TITLE

Previous comment

Articles 1 and 2 of the Convention. Gender wage gap. The Committee notes that according to the statistical data provided by the government, the average monthly nominal earnings of employees is significantly higher for men in 18 of the 19 economic activities reported on, for example the “Professional, scientific and technical activities”; and in several, the average salary of men is almost twice as much as for women, such as in “Water supply, sewerage, waste management and remediation activities”, “Wholesale and retail trade, repair of motor vehicles and motorcycles” and “Financial and insurance activities”. It notes that across all economic activities women earn 69 per cent of the average male salary. The Committee requests the Government to continue to provide detailed and up-to-date statistics on monthly and hourly wages and additional allowances of women and men, disaggregated by sector and occupational level to keep track of the progress achieved.

Article 2 of the Convention. Promotion of the principle set out in the Convention in the public service. Legislation and application in practice. The Government indicates that the Civil Service Bureau adopted its first-ever internal Gender Equality Strategy and Action Plan in 2022, with technical assistance from UN Women. The Gender Equality Strategy provides for the undertaking of a gender impact assessment of the Public Service Law which will focus, inter alia, on identifying barriers to women’s career advancement and professional development that includes the component of pay gap analysis in low and mid-level positions in civil service. The Committee notes the statistics provided by the Government on the distribution of men and women in the civil service, and that the share of women in the civil service has remained steady at around a third of employees since 2019, and that women are concentrated in the lower ranks, while men dominate in the upper management level and that this has remained relatively steady over the years. Noting the continued absence of information provided in this regard, the Committee is once again bound to request the Government to clarify whether the new Law on Remuneration in Public Institutions provides for equal remuneration for men and women for work of equal value, or merely equal remuneration for equal work. The Government is further requested to continue to provide statistics disaggregated by sex on the distribution of men and women in the various grades and occupations to allow the Committee to assess how the principle of the Convention is applied in practice.

Article 3. Objective job evaluation. The Committee notes the information provided by the Government on the responsibilities and competencies of different job classifications in the public service but observes that it does not provide any information on the method for establishing job rankings, and therefore does not allow the Committee to assess the application of the Convention in practice. It wishes to recall that methods used for objective job evaluation must take particular care 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. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (2012 General Survey on the fundamental Conventions, paragraph 701). It further notes that the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia developed a methodology and guidelines on job evaluation and determination of relevant remuneration which will be used by employers as well as by labour inspectors. In the absence of information in this regard,the Committee reiterates its request to the Government to provide information on the method used for the elaboration of the new remuneration system in the public service, including on how the coefficients and calculations were elaborated by the Ministry of Finance, and how it is ensured that this job classification system is free from gender bias. It finally asks the Government to provide information on the concrete steps taken to promote the use of objective job evaluation or to develop such a method in the private sector, including training for those who undertake job evaluations and the results obtained.

Article 4. Cooperation with workers’ and employers’ organizations. For several years, the Committee has been asking the Government to provide detailed information on the specific activities undertaken by the Tripartite Commission for Social Partnership to promote the principle of the Convention, and in particular under the 2018-19 Action Plan. The Committee notes the Government’s indication that the 2019 Amendments to the Labour Code, the Law on Public Service and the Law on Gender Equality and the introduction of the Law on the Elimination of All Forms of Discrimination were a part of the planned activities of the Tripartite Commission in order to transpose European Union (EU) Directives as determined by the EU-Georgia Association Agreement; and that the 2020 Amendments to the Labour Code which introduced the concept of equal pay for equal work was done in close cooperation with the social partners, i.e. the Georgian Trade Union Confederation and Georgian Employers Association. Once again, the Committee points out that the recent legal amendments provide for a concept of equal pay for equal work which is narrower than the principle in the Convention of equal pay for women and men for work of equal “value” (see the Committee’s pending observation on the application of the Convention by Georgia). The Committee requests the Government to provide information on the activities undertaken by the Tripartite Commission for Social Partnership to promote the principle enshrined in the Convention; and on any other steps taken in collaboration with workers’ and employers’ organizations to give full effect to the Convention.

CMNT_TITLE

Previous comment

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that for many years now it has drawn the Government’s attention to the fact that the principle of equal remuneration for men and women for work of equal “value” is not properly reflected in the legislation. Neither the Labour Law, nor the Law on the Public Service entitle workers to equal remuneration for work that is entirely different but nonetheless of equal “value”. The Committee notes with regret the Government’s reiterated statement that the equal remuneration principle is included in both pieces of legislation. The Committee recalls the discussion held by the Conference Committee on the Application of Standards when reviewing the application of the Convention by Georgia at its 107th Session (June 2018) and the adoption of a set of conclusions. Once again, the Committee urges the Government to: (i) amend the labour legislation, in cooperation with the social partners and the Council for Gender Equality, in order to give full legislative expression to the principle of “equal remuneration for men and women for work of equal value”, with a view to ensuring the full and effective implementation of the Convention without delay; and (ii) take the necessary steps to amend section 57(1) of the Law on the Public Service (2015) to capture the concept of “work of equal value” so as to ensure that public officials covered by the Law are entitled not only to equal remuneration for equal work, but also for work that is entirely different but nonetheless of equal value. The Government is requested to provide information on the progress achieved in this regard.

Article 2. Measures to address the gender pay gap and promote equal remuneration. The Committee notes the Government’s indication that in 2021 Georgia joined the Equal Pay International Coalition (EPIC) and that the renewed State Concept on Gender Equality representing the country’s vision for eliminating all forms of gender discrimination and ensuring gender equality in the civil, political, economic, social, and cultural spheres, both in public and private relations was adopted on December 2022. It further notes that the National Concept Document on Women’s Economic Empowerment was adopted on March 2023, as part of the Human Rights National Strategy’s Action Plan. It proposes seven directions, including: acknowledging, reducing, and distributing unpaid and care work; equal access to economic resources; improving public sector procurement and employment practices; improving employment practices in the private sector; reducing shadow economy and supporting a smooth transfer in the formal sector; strengthening the gender-sensitive legal framework, and combating contradictory social norms. The Committee notes that a subsequent 2022-2024 Action Plan and communication strategy was developed, and welcomes the information provided in the reports regarding the implementation and the impacts of previous action plans. The Committee notes that the Civil Service Bureau started a Gender Impact Assessment of the Civil Service Law to reveal gender inequities in professional development, work-life balance, and pay gaps. It notes that wages and pay arrangements within civil service will be analysed to find and address gender discrimination. The Committee notes the information provided by the Government about the Working Group created to conduct a thematic inquiry on the rights of women in the informal economy and the COVID-19 impact, which included 29 recommendations. The Committee takes note of the Government’s efforts. However, from the statistical data provided, it observes that in most sectors of activity there has been little to no improvement in reducing the gender pay gap. The Committee further notes the concerns of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) about the widening gender pay gap, despite economic and income growth in the State party, which unevenly benefits women; and its recommendations to regularly review wages in sectors in which women are concentrated and adopt measures to close the gender pay gap, including regular pay surveys, and consider raising the minimum wage fixed in 1999 (CEDAW/C/GEO/CO/6, 2 March 2023, paragraphs 35–36). Given the persisting horizontal and vertical segregation prevailing in the country, the Committee requests the Government to: (i) step up its efforts to address the underlying causes of inequalities in remuneration such as occupational gender segregation into lower-paying jobs or occupations or positions without career opportunities, including through targeted vocational training, occupational quotas, incentives and awareness-raising activities; (ii) provide detailed information on specific measures taken under the framework of the Equal Pay International Coalition, the State Concept on Gender Equality, the National Concept Document on Women’s Economic Empowerment and the associated 2022-2024 Action Plan and Communications Strategy, and the Thematic Inquiry on the rights of women in the informal economy and the COVID-19 impact; (iii) provide a summary of the findings from the Gender Impact Assessment of the Civil Service Law, and any measures taken or envisioned in this regard; and (iv) continue to provide statistical data on the number of men and women employed, disaggregated by economic sector and occupational level.

Enforcement. The Committee notes that with the 2020 amendment to the Labour Code, the Labour Inspection’s mandate was extended to enforce the prohibition of discrimination, and that section 78 of the Labour Code establishes sanctions for violating the provision of equal remuneration for equal work, including a warning, or a fine. It notes, however, that the Labour Inspection in 2021-2022 undertook 5,295 inspections at 2,767 worksites and no violations regarding equal remuneration were found. The Committee notes that from 2019 to 2022, 5 trainings were held on discrimination, international labour standards and the Labour Code, with 54 judges and 34 officials attending the trainings, but that no specific information was provided on the equal pay aspect of the trainings. The Committee notes the general indication of the Government that awareness-raising activities, information campaigns, and other measures were undertaken during the reporting period, and that between 2021 and 2022 the Labour Inspection held 215 meetings with employees, employers and the representatives of employers and employee organizations, where information related to equal remuneration was disseminated. Noting the Government’s information according to which the courts have reported no cases regarding equal pay between men and women, the Committee recalls that when no cases or complaints are being lodged it 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 (see General Survey of 2012 on the fundamental Conventions, paragraph 870). The Committee asks the Government to provide information on: (i) its efforts to train and raise awareness, not only of labour inspectors but also of judges, lawyers, public officials, workers, employers and their organizations, as well as the public, on the principle of the Convention; (ii) the different complaint mechanisms available; and (iii) any studies or information gathered on the practicability and accessibility of substantive and procedural provisions which allow claims to be brought. The Committee further asks the Government to provide information on decisions handed down by the competent authorities or bodies about the application of the principle of the Convention.

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

CMNT_TITLE

Article 2 of the Convention. Promotion of the principle set out in the Convention in the public service. Legislation and application in practice.  The Committee notes that, in reply to its previous comment, the Government reiterates that section 3 of the Law on Remuneration in Public Institutions of 2017 sets out the principle of equality and transparency of the remuneration system, and that this implies “equal pay for the performance of an equal job”, rather than work of equal value, despite the Committee’s previous indication that this wording is narrower than the principle of the Convention. Noting the absence of information provided in this regard, the Committee is once again bound to request the Government to clarify whether the new Law on Remuneration in Public Institutions provides for equal remuneration for men and women for work of equal value, or merely equal remuneration for equal work. The Government is once again requested to provide statistics disaggregated by sex on the distribution of men and women in the various grades and occupations to allow the Committee to assess how the principle of the Convention is applied in practice.

Article 3. Objective job evaluation.  With reference to its previous comments, the Committee notes the Government’s indication that the coefficients and calculations applied in the new remuneration system of the Law on Remuneration in Public Institutions take into account tasks and categorize them into core functions and support functions. The Committee notes that this information is in itself not sufficient to understand the method used to classify jobs in the public service and therefore does not allow the Committee to assess the application of the Convention in practice. The Committee also notes the Government’s indication that, in the framework of the National Strategy of Labour Market and Employment Policy of Georgia 2019-23, guidelines on methodology will be elaborated so that the principle of equal remuneration is ensured and guaranteed. The Committee 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. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (2012 General Survey on the fundamental Conventions, paragraph 701). The Committee requests the Government to provide detailed information on the method used for the elaboration of the new remuneration system in the public service, including on how the coefficients and calculations were elaborated by the Ministry of Finance, and how it is ensured that this new job classification system is free from gender bias. Noting the Government’s statement that it is cooperating with the social partners to ensure that effect is given in practice to these principles, the Committee asks the Government to provide detailed and specific information on the concrete steps taken to promote the use of objective job evaluation or to develop such a method in the private sector, including training for those who undertake job evaluations and the results obtained.

Article 4. Cooperation with workers’ and employers’ organizations.  In its previous comments, the Committee noted that a meeting of the Tripartite Commission for Social Partnership adopted a new Action Plan 2018–19 and that it started active discussions on the concrete and specific requirements to comply with ratified ILO Conventions. The Committee notes the lack of information provided with regard to the specific activities undertaken under the Action Plan 2018–19, as well as on the results achieved. The Committee therefore reiterates its request for the Government to provide detailed information on the specific activities undertaken by the Tripartite Commission for Social Partnership to promote the principle of the Convention and, going forward, undertake an assessment of the results achieved and to provide information in this regard. Further, the Committee once again asks the Government to provide information on any other steps taken in collaboration with workers’ and employers’ organizations to give full effect to the Convention.

CMNT_TITLE

The Committee takes note of the observations of the Georgian Trade Union Confederation (GTUC) received on 6 October 2020, reiterating its observations received on 30 September 2019, which address issues related to the application of the Convention.

Articles 1 and 2 of the Convention. Legislation. Recalling that the principle of equal remuneration for men and women for work of equal value is not properly reflected in the legislation, the Committee previously welcomed the Government’s indication that the Ministry of Labour, Health and Social Affairs was working on amending the labour legislation to implement Directive 2006/54/EC of 5 July 2006, which provides that, for the same work or for work of equal value, direct and indirect discrimination on the grounds of sex with regard to all aspects and conditions of remuneration must be eliminated. It encouraged the Government to ensure that labour legislation give full legislative expression to the principle of equal remuneration for men and women for work of equal value, with a view to ensuring the full and effective implementation of the Convention without delay. It also urged the Government to take the necessary steps to amend section 57(1) of the Law on the Public Service (2015) to capture the concept of “work of equal value” so as to ensure that public officials covered by the Law are entitled not only to equal remuneration for equal work, but also for work that is entirely different but nonetheless of equal value. The Committee notes, from the Government’s report, the adoption of amendments to the labour legislation in 2019 and in September 2020. It notes with regret that the Government did not use these opportunities to include a provision giving full legislative expression to the principle of the Convention. The Committee notes the Government’s indication that the new National Strategy of Labour Market and Employment Policy 2019–2023 contains an action plan to ensure that both, at the legislative and practical levels, employees receive equal remuneration for “equally valuable work”. Recalling that section 57(1) of the Law on the Public Service provides that the system of remuneration for public officials is based on the “principles of transparency and fairness, which means the implementation of equal pay for equal work”, the Committee notes that the Government considers this provision to be in line with the principle of the Convention as coefficients are determined not only on the similarity of functions but also on responsibility, complexity, relevant competencies, qualifications and work experience which, according to the Government, implies the evaluation of the value of the work. Despite the Government’s reassurance, the Committee recalls that when legal provisions are narrower than the principle laid down in the Convention and do not expressly include the concept of “work of equal value”, such provisions hinder progress in eradicating gender-based pay discrimination (see General Survey on the Fundamental Conventions, 2012, paragraphs 676–679). Recalling that the Convention has been ratified in 1993, the Committee once again urges the Government to amend the labour legislation, in cooperation with the social partners and the Council for Gender Equality, in order to give full legislative expression to the principle of “equal remuneration for men and women for work of equal value”, with a view to ensuring the full and effective implementation of the Convention without delay. Noting the Government’s reiterated statement that it intends to submit legislative proposals to the Parliament implementing Directive 2006/54/EC of 5 July 2006, the Committee requests the Government to provide information on any progress made in this regard. Furthermore, regarding the public sector, the Committee once again urges the Government to take the necessary steps to amend section 57(1) of the Law on the Public Service (2015) to capture the concept of “work of equal value” so as to ensure that public officials covered by the Law are entitled not only to equal remuneration for equal work, but also for work that is entirely different but nonetheless of equal value. The Government is requested to provide information on the progress achieved in this regard.

Article 2. Measures to address the gender pay gap and promote equal remuneration. In its previous comment, the Committee requested the Government to provide information on: (1) the measures taken or envisaged directly aimed at reducing the gender pay gap (encouraging the Government to continue its efforts in identifying and addressing the underlying causes of inequalities in remuneration and to promote women’s access to a wider range of job opportunities at all levels); (2) the awareness-raising activities undertaken to promote equal remuneration for work of equal value; and (3) statistical data on men’s and women’s monthly and hourly wages and additional allowances, by economic sector, as well as data on the number of men and women employed in these sectors. The Committee notes the Government’s indication that the Gender Equality Council is working on the elaboration of a methodology to calculate the gender pay gap and decrease inequality. It also notes the data provided by the Government on the average monthly earnings by occupation for 2017 and by sector of activity for 2016, 2017 and 2018. From this information, the Committee notes that in most sectors of activity, there has been no improvement in reducing the gender pay gap between 2016 and 2018, and that it remains high in nearly all sectors of activity. In particular, it notes that in 2018, in financial and insurance activities, men earned on average significantly more than women (men earned 3,461 Georgian lari (GEL) while women earned GEL1,498). The Committee notes, from the GTUC’s observations, that the gender pay gap can be explained by horizontal and vertical gender segregation, as well as by the strong gender stereotypes, the unequal division of unpaid agricultural and domestic work, and the lack of gender-responsive services and programmes. The GTUC alleges that although there is almost no gap between male and female educational attainment, only 52.9 per cent of women are reportedly employed compared to 67.1 per cent of men. The Committee also notes the GTUC’s observation that, according to a survey conducted by the Centre for Social Studies, gender disparities also exist in the receipt of benefits and other wage components: 66 per cent of men (eligible for bonuses/compensations) got bonuses, compared to 34 per cent of women; and 60 per cent of men got premiums, compared to 41 per cent of women. Given the persisting horizontal and vertical segregation prevailing in the country, the Committee asks the Government to step up its efforts to identify and properly address the underlying causes of inequalities in remuneration, such as gender discrimination, gender stereotypes, and occupational segregation and to promote women’s access to a wider range of job opportunities at all levels, including top management positions and higher paying jobs. Noting the lack of information provided in this regard, the Committee reiterates its request that the Government provide information on the specific measures taken or envisaged in the framework of the State Concept on Gender Equality and the Gender Equality Council Action Plan 2018–20 directly aimed at reducing the gender pay gap. Such measures may include, for example, undertaking sensitization programmes and awareness-raising activities to overcome traditional stereotypes regarding the role of women in society or adopting measures on shared parental leave, and affordable and available childcare services. The Committee further requests the Government to provide information on any awareness-raising activities undertaken to promote equal remuneration for men and women for work of equal value, including with respect to bonuses, premiums and other additional wage allowances. Finally, the Government is requested to continue to provide statistical data on men’s and women’s monthly and hourly wages and additional allowances, according to economic sector, as well as data on the number of men and women employed in these sectors.

Enforcement. The Committee previously requested the Government: (1) to enhance the capacity of the competent authorities to identify and address cases of pay inequalities between men and women for work of equal value; (2) to examine whether the applicable substantive and procedural provisions, in practice, allowed claims to be brought successfully; (3) to provide information on the effective enforcement of the principle of the Convention in practice; and (4) to provide information on relevant decisions handed down by the courts or other competent bodies, as well as any cases regarding unequal remuneration handled by the Office of the Public Defender. It notes the Government’s commitment to re-establishing a fully-fledged labour inspectorate. In this regard, it notes with interest the adoption, in September 2020, of a new Labour Inspection Law. The Committee also notes the Government’s statement that in February 2019, a new law was adopted on occupational safety and health and that the law extends the mandate of labour inspectors, enabling them to conduct unannounced inspections in enterprises in all economic sectors and to impose sanctions on identified violations. The Committee further notes the Government’s indication that the number of labour inspectors was brought to 40 and would be increased to 100 during 2019–2020. The Government indicates that three trainings were provided to a total of 47 judges on the topic of “International labour standards and the Labour Code”, and one training on the same topic was held for 15 court officials. The Committee asks the Government to provide information on the activities of the labour inspectorate and its findings with regard to the application in practice of equal remuneration for men and women. The Committee also asks the Government to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. The Committee further asks the Government to take concrete steps to ensure the effective enforcement of the principle of the Convention in practice, for example through training activities of the labour inspectorate, as well as of judges and other public officials, related specifically to the principle of equal remuneration between men and women for work of equal value. The Committee also asks the Government to provide information on: (i) the content and duration of any training for the 47 judges that addressed the language and application in practice of the principle of equal remuneration for men and women; (ii) decisions handed down by the courts or other competent bodies with regard to the application of the principle of the Convention; and (iii) any cases regarding unequal remuneration handled by the Office of the Public Defender.

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

CMNT_TITLE

Article 2 of the Convention. Promotion of the principle in the public service. Legislation and application in practice. In its previous comments, the Committee noted the ongoing reform in the public service, with the recent adoption of a new Law on the Public Service (2015) and the discussion of a draft Law on Labour Remuneration in Public Institutions to change the existing system of remuneration in the public service. It therefore requested the Government to provide detailed information on the new remuneration system and, in particular, on how the principle of equal remuneration for work of equal value was taken into account in the development of the new remuneration system. The Committee notes the Government’s indication, in its report, that the new Law on Public Service (2015) entered into force in July 2017. It also notes the Government’s statement that section 3 of the Law on Remuneration in Public Institutions (which came into force in January 2018) sets out the principle of equality and transparency of the remuneration system, and that this implies “equal pay for the performance of equal job” rather than work of equal value – despite the Committee’s previous indication that this wording is narrower than the principle of the Convention. In that context, the Committee is bound to reiterate its previous explanation that the concept of “work of equal value” enshrined in the Convention lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. It permits a broad scope of comparison, including, but going 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 on the fundamental Conventions, paragraphs 672–679). The Committee therefore requests the Government to clarify if the new Law on Remuneration in Public Institutions provides for equal remuneration for work of equal value between men and women or merely for equal work, and to provide a copy of the Law in one of the ILO’s official languages. Once again, the Government is requested to provide statistics disaggregated by sex, on the distribution of men and women in the various grades and occupations to allow the Committee to assess how the principle of the Convention is applied in practice.

Article 3. Objective job evaluation. The Committee notes that although the Government indicates that the Ministry of Finance elaborated the coefficients and calculations applied in the new remuneration system contained in the Law on Remuneration in Public Institutions, it does not provide details of the method used to classify jobs in the public service. The Committee 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. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see 2012 General Survey, paragraph 701). The Committee therefore requests the Government to provide detailed information on the method used for the elaboration of the new remuneration system in the public service, including on how the coefficients and calculations were elaborated by the Ministry of Finance, and how it is ensured that this new job classification system is free from gender bias. Noting the absence of information provided in this regard, the Committee reiterates its request that the Government take concrete steps in order to promote the use of objective job evaluation or develop such method in the private sector, and to provide information concerning training for those who undertake job evaluations.

Article 4. Cooperation with workers’ and employers’ organizations. In its previous comments, the Committee noted that a meeting of the Tripartite Commission for Social Partnership, held in April 2016, discussed and adopted the 2016–17 Strategic Plan on the Activities of the Tripartite Social Partnership Commission. The Plan envisaged the development of legislative initiatives to amend the Labour Code and their submission to the Government for approval. On 26 June 2016, a round table was organized by the ILO where the social partners presented recommendations on draft amendments to the Labour Code. A working group was also set up within the framework of the Commission to discuss issues provided by the Strategic Plan. The Committee notes the information provided by the Government according to which the Tripartite Social Partnership Commission for Social Partnership adopted a new Action Plan 2018–19 and that it started active discussions on the concrete and specific requirements to comply with ratified ILO Conventions. In this regard, the Government indicates that it is in the process of amending the relevant labour legislation, in consultation with the social partners, to give full legislative expression to the principle of the Convention. While taking due note of this information, the Committee notes the lack of information provided with regard to the specific activities undertaken under the 2016–17 Action Plan, as well as on the results achieved. The Committee therefore requests the Government to provide detailed information on the specific activities undertaken by the Tripartite Commission for Social Partnership to promote the principle of the Convention, including activities related to the amendment of the Labour Code to include the principle of equal remuneration for men and women for work of equal value and, going forward, to undertake an assessment of the results achieved and to provide information in this regard. Further, the Committee once again requests the Government to provide information on any other steps taken to seek collaboration between workers’ and employers’ organizations to give full effect to the Convention.

CMNT_TITLE

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 107th Session, May–June 2018)

The Committee notes the discussion at the Conference Committee on the Application of Standards at its 107th Session (June 2018) of the International Labour Conference and the conclusions adopted which called upon the Government to:

• (i) ensure that national legislation, in particular the Labour Code (2006), the Law on Gender Equality (2010), the Law on Elimination of All Forms of Discrimination (2014) and/or the Law on the Public Service (2015), expressly commits to the principle of equal remuneration for men and women for work of equal value in consultation with the social partners;
• (ii) implement effective enforcement and detection mechanisms to ensure that the principle of equal remuneration for men and women for work of equal value is applied in practice;
• (iii) take steps to raise awareness among workers, employers and their organizations of the laws and procedures available in order to allow them to avail themselves of their rights;
• (iv) continue to provide information on decisions handed down by the judiciary, and cases handled by the Office of the Public Defender;
• (v) continue to provide gender-disaggregated data on labour market participation and remuneration;
• (vi) provide the Committee of Experts with information related to the 2018–20 Georgian National Action Plan on Gender Equality adopted in May 2018 and its potential impact on the principle of equal remuneration for work of equal value in law and practice; and
• (vii) avail itself of ILO technical assistance in implementing these recommendations.

Articles 1 and 2 of the Convention. Legislation. For a number of years, the Committee has been raising concerns regarding the absence of legislation giving full expression to the principle of equal remuneration for men and women for work of equal value. In particular, the Committee recalls that section 2(3) of the Labour Code (2006), only contains a general prohibition of discrimination in labour relations; and that the Law on Gender Equality (2010) prohibits discrimination (section 6) and provides that “equality in evaluating the quality of work performed by women and men shall be maintained without discrimination” (section 4(2)(i)). Further, the Committee noted that the Law on the Elimination of All Forms of Discrimination, adopted on 2 May 2014, while including a general prohibition of discrimination based on sex, does not refer to the principle of equal remuneration for work of equal value; and that section 57(1) of the Law on the Public Service provides that the system of remuneration for public officials is based on the “principles of transparency and fairness, which means the implementation of equal pay for equal work”, which is narrower than the principle of the Convention.

The Committee welcomes the Government’s indication, in its report, that the Ministry of Labour, Health and Social Affairs is working, in cooperation with the social partners, on amending the relevant labour legislation to implement the EU Directive 2006/54/EC of 5 July 2006, which provides that, for the same work or for work of equal value, direct and indirect discrimination on grounds of sex with regard to all aspects and conditions of remuneration must be eliminated. The Committee also notes the Government’s indication that the second objective of the Gender Equality Council Action Plan 2018–20 is to eliminate legislative gaps and improve the legislative framework on gender equality. Recalling that the Convention has been ratified since 1993, the Committee trusts that the Government will endeavour to ensure, in cooperation with the social partners and the Council for Gender Equality, that the labour legislation is amended to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, with a view to ensuring the full and effective implementation of the Convention without delay. It also urges the Government to take the necessary steps to amend section 57(1) of the Law on the Public Service (2015) to capture the concept of “work of equal value” so as to ensure that public officials covered by the Law are entitled not only to equal remuneration for equal work, but also for work that is entirely different but nonetheless of equal value. The Government is requested to provide information on the progress achieved in this regard and a copy of the new relevant provisions once adopted.

Article 2. Measures to address the gender pay gap and promote equal remuneration. Previously the Committee had noted, based on statistics provided by the Government, that a substantial gender gap in average monthly nominal wages existed in every sector of the labour market (36.9 per cent in 2014), including in female-dominated sectors such as education and health care, and that inequality existed with respect to the average salary distribution among men and women even with similar levels of education. With regard to measures taken to address the gender pay gap, the Committee noted the creation of an Inter-Ministerial Commission on Gender Equality and Women’s Empowerment in September 2015. While taking note of all this information, the Committee urged the Government to take measures to identify and address the underlying causes of inequalities in remuneration and to provide information on any awareness-raising activities to promote equal remuneration for work of equal value.

The Committee notes the updated data provided by the Government on the average monthly earnings of men and women workers disaggregated by sex and by economic activity from 2010 to the first quarter of 2018. From this information, the Committee notes that the gender pay gap remains high in nearly all sectors of activity. In particular it notes that in 2017, in the financial intermediation and the health and social work sectors, men earned on average significantly more than women (in financial intermediation, men earned 2,943 Georgian lari (GEL) while women earned GEL1,381; in health and social work, men earned on average GEL1,247 while women earned GEL866). The Committee notes the fifth objective of the Gender Equality Council Action Plan 2018–20 the aim of which is to raise awareness on gender equality through, among others, the organization of thematic public meetings in the different regions of the country, support awareness-raising activities on women’s political participation, and strengthen cooperation and coordination with international networks and organizations working on gender equality and women’s rights. In this regard, the Committee notes that the Government further indicates that in 2017, a working group on labour rights and gender equality was established at the Council for Gender Equality, and presented a list of recommendations to improve women’s rights in the workplace, which included recommendations concerning equal pay. In addition, the Committee notes the Government’s indication that the Council for Gender Equality is due to approve a State Concept on Gender Equality, a major guiding policy document on gender equality which will employ terms such as “equal pay for work of equal value”. Finally, the Committee notes the Government’s statement that the gender pay gap is not primarily conditioned by the law or regulations but by the traditional norms and attitudes towards women, obliging them to combine their household chores and career development. The Committee requests the Government to provide information on the specific measures taken or envisaged in the framework of the State Concept on Gender Equality and the Gender Equality Council Action Plan 2018–20 directly aimed at reducing the gender pay gap. Such measures, may include, for example, undertaking sensitization programmes and awareness-raising activities to overcome traditional stereotypes regarding the role of women in society or adopting measures on shared parental leave, and affordable and available childcare services. The Committee also encourages the Government to continue its efforts in identifying and addressing the underlying causes of inequalities in remuneration, such as gender discrimination, gender stereotypes, and occupational segregation and to promote women’s access to a wider range of job opportunities at all levels, including top management positions and higher paying jobs. The Committee further requests the Government to provide detailed information on the awareness-raising activities undertaken specifically in the framework of the Gender Equality Council Action Plan 2018–20 to promote equal remuneration for work of equal value, including with respect to bonuses, premiums and other additional wage allowances. Finally, the Government is requested to continue to provide statistical data on men’s and women’s monthly and hourly wages and additional allowances, according to economic sector, as well as data on the number of men and women employed in these sectors.

Enforcement. The Committee previously noted with concern the Government’s indication that further to the abolition of the Labour Inspection Service in 2006, there was no longer a labour supervisory body. In its reply, the Government indicated that a National Programme for Monitoring Labour Conditions was approved by Ordinance No. 38 of 5 February 2015, and that by Ordinance No. 81 of 2 March 2015, a Department of Inspection of Labour Conditions was set up within the Ministry of Labour, Health and Social Affairs. The Committee further noted that the Office of the Public Defender had indicated that the Labour Code should be amended to address the non-binding nature of recommendations made by the inspection services. Therefore, the Committee once again stressed the need to put in place adequate and effective enforcement mechanisms to ensure that the principle of equal remuneration for men and women for work of equal value is applied in practice, and to allow workers to avail themselves of their rights.

The Committee notes that the Conference Committee expressed its concern over the abolition of the Labour Inspection Service and the absence of an equivalent replacement to ensure the enforcement of the rights and principles protected by the Convention. It notes the Government’s indication in its report that it is committed to re-establishing a fully-fledged labour inspectorate by 2019. The Government further states that the new labour inspectorate will have the authority to conduct unannounced inspections in all enterprises, enforce all labour laws and levy sanctions on violators that are sufficiently dissuasive to deter future violations. The Committee also notes the Government’s information according to which the courts have reported no cases regarding equal pay between men and women. In this regard, the Committee recalls that when no cases or complaints are being lodged it 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 (see 2012 General Survey on the fundamental Conventions, paragraph 870). The Committee therefore requests once again the Government to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of pay inequalities between men and women for work of equal value, and also to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. Further, while taking due note of the Government’s indication that it intends to reinforce the powers of the labour inspectorate, the Committee requests the Government to provide information on how it ensures the effective enforcement of the principle of the Convention in practice, for example by including information on any activities of the Department of Inspection of Labour Conditions, including training of labour inspectors related to the principle enshrined in the Convention and on any violations detected. The Government is also requested to continue to provide any information on decisions handed down by the courts or other competent bodies with regard to this issue, as well as any cases regarding unequal remuneration handled by the Office of the Public Defender, which is mandated to examine complaints of sex discrimination and make recommendations.

The Committee reminds the Government that it can avail itself of ILO technical assistance to these recommendations.

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

CMNT_TITLE

Article 2 of the Convention. Promotion of the principle in the public service. Legislation. Further to its observation, the Committee notes that the new Law on the Public Service 2015 is part of the reform in the public service and that, pursuant to section 126 of the Law, the Government is to present additional draft laws and resolutions before the end of December 2016 for it to enter into force. The Government indicates in this regard that a draft Law on Labour Remuneration in Public Institutions was to be submitted to Parliament before 1 September 2016, which will change the existing system of remuneration in the public service. The Committee asks the Government to provide detailed information on the new remuneration system in the public service, including statistics disaggregated by sex, on the distribution of men and women in the various grades and occupations. The Committee also requests the Government to indicate whether the Law on the Public Service 2015 has entered into force, and also to provide a copy of the draft Law on Labour Remuneration in Public Institutions, as well as any resolutions regarding remuneration in the public service, once adopted.

Article 3. Objective job evaluation. Referring to its previous comments, the Committee asks the Government to indicate the measures taken, in the context of the reform of the public service, to develop an objective job evaluation method to ensure that job classification and remuneration in the public service is free from gender bias. The Committee reiterates its request to the Government to take concrete steps in order to promote the use of objective job evaluation or develop such method in the private sector, and to provide information concerning training for those who undertake job evaluation.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that a meeting of the Tripartite Commission for Social Partnership was held in April 2016, which discussed and adopted the 2016–17 Strategic Plan on the Activities of the Tripartite Social Partnership Commission. The Plan envisages the development of legislative initiatives to amend the Labour Code and their submission to the Government for approval. On 26 June 2016, a round table was organized by the ILO where the social partners presented recommendations on draft amendments to the Labour Code. A working group was also set up within the framework of the Commission to discuss issues provided by the Strategic Plan. The Committee asks the Government to indicate the activities of the Tripartite Commission to promote the principle of the Convention, including any proposals to amend the Labour Code to include the principle of equal remuneration for men and women for work of equal value. The Committee also asks the Government to provide information on any other steps taken to seek collaboration between workers’ and employers’ organizations to give full effect to the Convention.

CMNT_TITLE

The Committee notes the observations, dated 26 September 2014, 2 March 2015 and 3 October 2016, from the Georgian Trade Unions Confederation (GTUC) which address similar issues related to the application of the Convention, as well as the response from the Government, dated 20 November 2015 and 16 December 2016.

Articles 1 and 2 of the Convention. Legislation. Since 2002, the Committee has been raising concerns regarding the absence of legislation giving full expression to the principle of equal remuneration for men and women for work of equal value. The Committee recalls that section 2(3) of the Labour Code of 2006, only contains a general prohibition of discrimination in labour relations and that the Law on Gender Equality of 2010 prohibits discrimination (section 6) and provides that “equality in evaluating the quality of work performed by women and men shall be maintained without discrimination” (section 4(2)(i)). The Committee notes with regret that the Government continues to refer to the existing equality provisions in the Constitution, the Labour Code and the Law on Gender Equality, and does not indicate whether any consideration is being given, in consultation with the social partners, to reviewing these provisions with a view to giving full legal expression to the principle of equal remuneration for men and women for work of equal value. The Committee further notes that the Law on the Elimination of All Forms of Discrimination, adopted on 2 May 2014, while including a general prohibition of discrimination based on sex, does not refer to the principle of equal remuneration for work of equal value. Furthermore, the Committee notes that section 57(1) of the Law on the Public Service adopted on 27 October 2015 provides that the system of remuneration for public officials is based on the “principles of transparency and fairness, which means the implementation of equal pay for equal work”, which is narrower than the principle of the Convention. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. It permits a broad scope of comparison, including, but going 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 General Survey on the fundamental Conventions, 2012, paragraphs 672–679). The Committee notes the Government’s indication that the “State Strategy of Labour Market Formation and its Implementation Action Plan 2015–18” includes amending the Labour Code to bring its provisions into compliance with international labour standards, and that the GTUC reaffirms the need to give full expression to the principle of equal remuneration for men and women for work of equal value in the legislation.  The Committee urges the Government to take without delay concrete steps, in cooperation with the social partners and the Council for Gender Equality, to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, with a view to ensuring the full and effective implementation of the Convention. It also urges the Government to take the necessary steps to amend section 57(1) of the Law on the Public Service 2015 to capture the concept of “work of equal value” so as to ensure that public officials covered by the Law are entitled not only to equal remuneration for equal work, but also for work that is entirely different but nonetheless of equal value, and to report on the progress made in this regard.

Article 2. Measures to address the gender pay gap and promote equal remuneration. The Committee recalls the significant differences in average monthly nominal wages of men and women indicating a gender wage gap of 37.7 per cent (first quarter of 2013). The Committee notes the statistics provided by the Government in its report on the average monthly salaries of men and women in 2014 indicating a persistent overall gender wage gap of 36.9 per cent (which is a slight decrease compared to 2013). The statistics point to substantial nominal monthly wage differences in favour of men, with a very high gender wage gap of over 40 per cent in the finance sector, and a gender wage gap amounting to close to 30 per cent or over 35 per cent in a number of sectors including fishing, mining and quarrying, manufacturing, wholesale and retail and hotel and restaurant sectors, as well as in health and social work and other community, social and personal service activities. The Committee notes that in its communication, the GTUC reiterates that a substantial gender gap in average monthly nominal wages exists in every sector of the labour market, including in female-dominated sectors such as education and health care. Referring to a study of the Bureau of Statistics, the GTUC also indicates that inequality exists with respect to the average salary distribution among men and women even with similar levels of education. According to the GTUC, such pay differences may be due to occupational gender segregation, as well as to the fact that men are primarily employed in the private sector whereas women are more evenly distributed across both private and public sectors. The GTUC further indicates that the study of the Bureau of Statistics found substantial gender disparities with regard to benefits and other wage components, and states that some of these could be partly explained by occupational gender segregation but may also be due to gender discrimination. The study found that 66 per cent of the male respondents (who were eligible) received bonuses, compared to only 34 per cent of the female respondents; 60 per cent of the men received premiums compared to 41 per cent of the women. Furthermore, 67 per cent of the men and only 33 per cent of the women claimed to have health insurance provided by the employer. With regard to measures taken to address the gender pay gap, the Committee notes the Government’s indication that the 2014–16 National Action Plan on Gender Equality, adopted in January 2014, aims, inter alia, to promote gender equality in the economic sphere. The Government also reports that it has strengthened its institutional mechanisms on gender equality at the executive level, including through the setting up of an Inter-Ministerial Commission on Gender Equality and Women’s Empowerment in September 2015. In addition, in 2014, an Interagency Coordinating Council for the Government’s Action Plan on the Protection of Human Rights (2014–15) was set up for an indefinite period. The Committee notes that the Action Plan refers to gender equality, women’s empowerment and their rights (Chapter 14) and to the protection of labour rights in accordance with international standards (Chapter 21). Noting however that no further information has been provided on the specific measures taken, including in the context of these mechanisms and the National Action Plan on Gender Equality, to reduce the gender pay gap and address its underlying causes, the Committee urges the Government to take measures without delay to identify and address the underlying causes of inequalities in remuneration, such as gender discrimination, gender stereotypes, and occupational segregation and to promote women’s access to a wider range of job opportunities at all levels, including top management positions and higher paying jobs. The Committee also asks the Government to provide information on any awareness-raising activities undertaken in cooperation with the employers’ and workers’ organizations to promote equal remuneration for work of equal value, including with respect to additional bonuses, premiums and other additional wage allowances. The Government is also asked to continue to provide statistical data on men’s and women’s monthly and hourly wages and additional allowances, according to economic sector, as well as data on the number of men and women employed in these sectors.

Enforcement. The Committee previously noted with concern the Government’s indication that further to the abolition of the Labour Inspection Service in 2006, there was no longer a labour supervisory body. The Committee notes the Government’s reply that a National Programme for Monitoring Labour Conditions was approved by Ordinance No. 38 of 5 February 2015 and that by Ordinance No. 81 of 2 March 2015 a Department of Inspection of Labour Conditions was set up within the Ministry of Labour, Health and Social Affairs. The Department aims to develop the relevant legal framework to inspect safety conditions and review safety-related complaints, and propose recommendations. While noting the Government’s indication that the Department of Inspection of Labour Conditions can also develop appropriate recommendations to prevent cases of discrimination and raise awareness, the Committee notes that the National Programme and the responsibilities of the Department of Inspection of Labour Conditions primarily focus on promoting and ensuring a safe and healthy work environment. The Committee notes the observations by the GTUC about the lack of an adequate and effective enforcement mechanism to ensure the practical application of the principle of equal remuneration for men and women for work of equal value. The Committee further notes that the Office of the Public Defender has indicated that the Labour Code should be amended to address the non-binding character of recommendations made by the inspection services. The Committee once again stresses the need to put in place adequate and effective enforcement mechanisms to ensure that the principle of equal remuneration for men and women for work of equal value is applied in practice, and to allow workers to avail themselves of their rights. The Committee asks the Government to provide information on the manner in which it ensures the effective enforcement of the principle of the Convention, including on any activities of the Department of Inspection of Labour Conditions in this regard. The Committee also asks the Government to take steps to raise awareness among workers, employers and their organizations of the laws and procedures available, and to strengthen the capacity of judges, labour officials or other competent authorities to detect and address pay inequalities between men and women for work of equal value. The Government is also asked to continue to provide any information on decisions handed down by the courts or other competent bodies with regard to this issue, as well as any cases regarding unequal remuneration handled by the Office of the Public Defender, which is mandated to examine complaints of sex discrimination and make recommendations.

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

CMNT_TITLE

Measures to address the gender wage gap and promote equal remuneration. The Committee notes from the statistics provided by the Government on the average monthly nominal wages of men and women that, overall, in the first quarter of 2013, women earned 62.3 per cent of men’s wages, corresponding to a gender wage gap of 37.7 per cent in favour of men, which represents a slight decrease in comparison to 2012 but remains significant. The Committee notes that in its 2012 annual report, the Public Defender underlines that gender segregation in the labour market still persists in the country, as despite their qualifications and education, women predominate in non-commercial spheres where remuneration is rather low. The Committee wishes to recall that the continued persistence of significant gender pay gaps requires that governments, along with employers’ and workers’ organizations, take more proactive measures to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to take measures in order to identify and address the underlying causes of wage inequalities, such as gender discrimination, gender stereotypes regarding women’s aspirations, preferences and capabilities, and vertical and horizontal occupational segregation, and to promote women’s access to a wider range of job opportunities at all levels, including top management positions and higher paying jobs. The Committee also asks the Government to provide information on any measures taken in this respect, including awareness-raising activities undertaken in cooperation with the employers’ and workers’ organizations, and to promote equal remuneration for work of equal value. Please continue to provide statistical data on men and women’s monthly wages, according to economic sector, as well as data on the number of men and women employed in such sectors.

Article 3 of the Convention. Objective job evaluation. Noting the Government’s indication that the Employment and Labour Policy Department was established in February 2013 within the Ministry of Labour, Health and Social Affairs, the Committee once again asks the Government to take concrete steps in order to promote the use of objective job evaluation or develop such method, and to provide information concerning training for those who undertake job evaluation.

Article 4. Cooperation with workers’ and employers’ organizations. While noting the Government’s indications concerning the provisions of the Labour Code on the Tripartite Commission on Social Partnership, the Committee once again asks the Government to take active steps in order to seek collaboration of workers’ and employers’ organizations, including through the Tripartite Commission, in order to give full effect to the Convention, and to provide information on the measures taken in this respect.

CMNT_TITLE

Articles 1 and 2 of the Convention. Legislation. The Committee has for a number of years been raising concerns regarding the absence of legislation giving full expression to the principle of equal remuneration for men and women for work of equal value. The Committee recalls that the principle of the Convention is not reflected explicitly in the Labour Code of 2006, section 2(3) of which contains a general prohibition of discrimination in labour relations, article 14 of the Constitution which provides broadly for equality before the law, or in the Law on Gender Equality adopted on 26 March 2010. The Committee notes that the Government refers to the equality provisions in the Constitution, the Labour Code and other legislation as well as to the Action Plan on Gender Equality for 2011–13. The Committee once again recalls that while general non-discrimination and equality provisions are important, they will not normally be sufficient to give effect to the Convention, as they do not capture the key concept of “work of equal value”. This concept lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation, as it permits a broad scope of comparison, including, but going 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 General Survey on fundamental Conventions, 2012, paragraphs 672–679). The Committee once again urges the Government to take concrete steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, with a view to ensuring the full and effective implementation of the Convention. The Committee once again asks the Government to provide information in this regard, including any proposals made by the Council for Gender Equality.

Parts III and IV of the report form. Enforcement. The Committee notes with concern the Government’s indication that further to the abolition of the Labour Inspection Service in 2006, there is no longer a labour supervisory body. The Committee understands from the Government’s report that the supervisory body to be established in the future will be responsible for enforcing only occupational safety and health provisions. The Committee draws the Government’s attention to the need to put in place adequate and effective enforcement mechanisms to ensure that the principle of equal remuneration between men and women for work of equal value is applied in practice and to allow workers to avail themselves of their rights. The Committee asks the Government to provide information on the manner in which it ensures effective enforcement of the principle of the Convention. The Committee also asks the Government to take steps in order to raise awareness among workers, employers and their organizations of the laws and procedures available, and to strengthen the capacity of judges, labour officials or other competent authorities to detect and address unequal pay. Please provide any information on decisions handed down by the courts or other competent bodies with regard to this issue.

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

CMNT_TITLE

Assessment of the gender wages gap. The Committee notes from the statistics provided by the Government on the average monthly nominal wages of men and women that, overall, in the first quarter of 2010, women earned 58.6 per cent of men’s wages, which represents an increase of 2.6 per cent compared to the first quarter of 2009. The Committee notes that in the first quarter of 2010, the wage gap remained very wide in certain sectors, including in the fishing industry (women earned 53.7 per cent of men’s wages); in health and social services (59.4 per cent) and in wholesale and retail trade (63.5 per cent). The Committee also notes the statistics provided by Geostat according to which, in the first quarter of 2011, the wage gap was 19 per cent in public administration, 22.6 per cent in the education sector, 24.4 per cent in the construction sector and 40 per cent in financial services. The Government indicates that according to the United States Agency for International Development (USAID) Gender Assessment Report of June 2010, although 40.8 per cent of Georgian firms have at least one female owner, women only account for 19.7 per cent of those in top management positions. The Committee notes that women’s representation is very low in decision-making positions in Government, and that women account for only 6 per cent of members of Parliament. The Committee asks the Government to take measures in order to address occupational segregation and promote women’s access to top management positions and higher paying jobs. The Committee also asks the Government to continue providing statistical data on men and women’s monthly wages, according to economic sector and occupation.

Measures to promote equal remuneration. The Committee notes the Government’s indication that grants are offered to students in higher educational institutions, including in technical professions such as science, engineering and information technology, and that in 2010, female students accounted for 61.9 per cent of those receiving grants. The Government also indicates that between 2005 and 2010, female students’ representation in technical fields of study increased by 9 per cent. The Committee notes however that female students still dominate in the fields of education, arts and humanities. The Government states that male and female students have equal opportunities in access to education and that the high level of access to education for women positively affects their employment opportunities. The Committee also notes that section 7 of the Law on Gender Equality guarantees equal access to general, vocational and higher education, and obliges the State to ensure equal conditions in receiving general, vocational or higher education for women and men in all educational institutions “including participation in implementation of educational and scientific processes”. The Committee asks the Government to provide more specific information on measures taken to foster women’s access to traditionally male-dominated fields of study, and to a wider range of occupations in employment, including under section 7 of the Law on Gender Equality. The Committee also asks the Government to provide statistical information, disaggregated by sex, on the number of graduates being able to secure employment following the completion of their studies and their earnings and occupations. While welcoming the detailed information provided on grants, vocational training programmes and education, the Committee reiterates its request for information on measures aimed more specifically at implementing equal remuneration for men and women for work of equal value, including awareness-raising activities in cooperation with the social partners.

Article 3 of the Convention. Objective job evaluation. The Committee notes that the Government does not provide any information on steps taken to promote objective job evaluation but states once again that when the State is party to a collective agreement, it “can be responsible to define job evaluation methods”, and that otherwise, job evaluation methods are defined by the parties to the agreement. The Committee asks the Government to take concrete steps in order to promote objective job evaluation and to provide information concerning such promotion and concerning training for those who undertake job evaluation.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that equal remuneration for work of equal value has not yet been raised by social partners in the context of discussions organized by the Tripartite Social Partnership Commission. The Committee encourages the Government to take steps in order to seek collaboration of workers’ and employers’ organizations, including through the Tripartite Social Partnership Commission, in order to give full effect to the Convention, and to provide information in this respect.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that the Tripartite Social Partnership Commission has the mandate to monitor compliance with the principle of equal remuneration for men and women for work of equal value and that no cases on equal remuneration have yet been observed. The Committee recalls that the absence of complaints is likely to indicate a lack of an appropriate legal framework, a lack of awareness of the rights, a lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee asks the Government to take steps in order to raise awareness of the laws and procedures available and to take steps in order to train judges, inspectors and other labour officials on detecting and addressing unequal pay, in collaboration with the Tripartite Social Partnership Commission. Please provide any information on decisions handed down by courts or other competent bodies with regard to the application of the Convention as well as on any violations detected by or brought to the attention of the labour inspectorate, the sanctions imposed and the remedies provided.

CMNT_TITLE

Articles 1 and 2 of the Convention. Legislation. The Committee has for a number of years been raising concerns regarding the absence of legislation giving full expression to the principle of equal remuneration for men and women for work of equal value. The Committee recalls that while the Labour Code of 2006 in section 2(3) contains a general prohibition of discrimination in labour relations, and article 14 of the Constitution provides broadly for equality before the law, neither refers specifically to the principle of the Convention. The Committee notes that the Government refers to the adoption on 26 March 2010 of the Law on Gender Equality, providing a broad legal framework for gender equality, including prohibiting direct and indirect discrimination in labour relations (section 6). However, the Committee notes with regret that, once again, the Government did not take the opportunity to include a specific provision giving full expression to the principle of equal remuneration for men and women for work of equal value. The Committee recalls that while general non-discrimination and equality provisions are important, they will not normally be sufficient to give effect to the Convention, as they do not capture the key concept of “work of equal value”. This concept encompasses work that is of an entirely different nature but is nevertheless of equal value. The Committee notes that legal provisions that do not give expression to the concept of “work of equal value” hinder progress in eradicating gender-based pay discrimination. The Committee also notes that pursuant to section 12 of the Law on Gender Equality, the Council for Gender Equality is established, which is mandated to analyse legislation and draft proposals for overcoming gender inequalities. The Committee urges the Government to take concrete steps in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, with a view to ensuring full and effective implementation of the Convention. The Committee asks the Government to provide information in this regard, including any proposals made by the Council for Gender Equality.

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

CMNT_TITLE

Assessment of the gender remuneration gap. The Committee notes from the statistical information regarding average monthly nominal wages of men and women that, overall, women earned 56 per cent of men’s wages in the first quarter of 2009. By comparison, the same ratio for the first quarter of 2007 was 48.5 per cent and for the first quarter of 2008 it was 50.2 per cent. The Committee notes that there appears to be a positive trend, although the gap in the wages of men and women remains very wide. In the first quarter of 2009, the widest wages gaps were found in the health and social services sector (50.5 per cent), hotels and restaurant (60.8 per cent) and financial activities (66.7 per cent). The Committee asks the Government to continue to provide detailed statistical information on the earnings of men and women, according to sector or industry, and, if possible, according to occupation.

Measures to promote equal remuneration. The Committee notes the information provided by the Government concerning measures to promote gender equality through public awareness raising, education, special entitlements available to women in relation to pregnancy and maternity, and vocational training programmes. The Committee asks the Government to provide information on any measures taken or envisaged within its overall efforts to promote gender equality that more specifically focus on the implementation of equal remuneration for men and women for work of equal value.

Article 3 of the Convention. Objective job evaluation. The Government states that where the State is party to a collective agreement, it “can be responsible to define job evaluation methods”, whereas otherwise such methods are defined by the parties to the agreement. The Committee asks the Government to provide information on the concrete steps taken to promote objective job evaluation as envisaged in Article 3.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s statement that any of the tripartite partners can initiate cooperation on the promotion of equal remuneration within the established mechanisms for tripartite cooperation. The Committee asks the Government to provide information on the specific steps it has taken to seek the cooperation of workers’ and employers’ organizations with a view to giving effect to the provisions of the Convention, as envisaged in Article 4.

Enforcement. The Committee notes from the Government’s report that labour inspection is institutionally integrated into the Technical Supervision Agency for industrial sectors and hazardous enterprises, while a separate inspection service exists for the construction sector. The Committee asks the Government to clarify whether these services have a mandate to supervise and monitor compliance with the principle of equal remuneration for men and women for work of equal value, and whether inspections on this regard cover all sectors of the economy.

CMNT_TITLE

Articles 1 and 2 of the Convention. Legislation. The Committee recalls that the Labour Code of 2006 contains no provision regarding equal remuneration for men and women for work of equal value and that the Committee therefore pointed to the need to introduce legislation giving effect to this principle, as set out in the Convention. In its reply to the Committee’s comments, the Government states that the legislation guarantees gender equality and that it protects women from any kind of discrimination. The Government refers to article 14 of the Constitution and to section 2(3) of the Labour Code, which provide that “Any type of discrimination due to race, colour, ethnic and social category, nationality, origin, property and position, residence, age, gender, sexual orientation, limited capability, membership of religious or any other union, family conditions, political or other opinions are prohibited in employment relations”.

The Committee notes that while section 2(3) of the Labour Code is important in the context of the Convention, it falls short of giving legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee recalls that the concept of “work of equal value” is the cornerstone of the Convention and lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. The importance of the concept of work of equal value lies in its requirements that the content of the work performed is the focus when comparing remuneration received by men and women, and that the scope of comparison is not restricted to situations where men and women perform the same, identical or similar jobs, but extends to jobs that are of an entirely different nature, which are nevertheless of equal value. Furthermore, the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise, but the reach of comparison should be as wide as allowed by the level at which wage policies, systems and structures are coordinated. The Committee considers that legislation that is more restrictive in its scope than is required to give effect to the principle of equal remuneration for men and women for work of equal value is not in conformity with the Convention. Finally, the Committee notes that the absence of court cases regarding equal remuneration, as reported by the Government, may well indicate the lack of an appropriate legal basis for bringing such cases. Noting that the Action Plan on Gender Equality for 2007–09 provides for the creation of a legal framework for gender equality, the Committee urges the Government to strengthen the legislation by giving full legislative expression to the principle of equal remuneration for men and women for work of equal value, with a view to ensuring full and effective implementation of the Convention. Please provide information on the measures taken or envisaged in this regard.

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

CMNT_TITLE

Gender pay gap. Recalling its previous comments on the very wide remuneration gap existing in the country, the Committee notes that the Government once again refers to the fact that such a situation exists because higher and better paid positions are usually held by men. The Committee notes from the Government’s report that vocational training programmes have been implemented with a view to improving the qualifications of the participants and their ability to compete in the labour market, and that 58 per cent of the participants in these programmes were women. The Committee further notes that the Statistics Department has no data on the distribution of men and women in the various grades or levels of responsibility and that the Government provided statistics on the average monthly nominal earnings disaggregated only by sector, and not by sex. The Committee asks the Government to continue to provide information on the measures taken or envisaged to address the remuneration gap between men and women. The Committee hopes that the Government will be in a position to provide in its next report full statistical information on the average earnings of men and women in the various sectors and occupations as far as possible, as set out in the Committee’s 1998 general observation.

Legislative developments. Noting the adoption of a new Labour Code in 2006, the Committee notes that the Government has not taken this opportunity to introduce in the legislation a specific provision setting out the principle of equal remuneration for men and women for work of equal value. The Committee also notes the Government’s indication that “for equal job men and women get an equal salary in private as well in public services”. In this regard, the Committee recalls its 2006 general observation on the principle of equal remuneration for men and women for work of equal value which stresses that the concept of “work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. The full application of the principle of the Convention is essential in light of the sex segregation existing in the labour market. The Committee therefore asks the Government to give consideration to introducing in its legislation specific provisions giving full effect to the principle of the Convention and asks it to provide information in this regard.

Minimum wages. The Committee notes from the Government’s report that: (1) the minimum wage in the private sector is regulated by Order No. 351 of 4 June 1999; (2) the minimum wage of government employees is regulated by Order No. 43 of 24 January 2005; (3) the minimum wage of public employees in the local-governmental bodies and in the autonomous regions’ organs is regulated by Order No. 726 of 29 August 2005. The Committee reiterates its request to the Government to supply copies of the acts setting minimum wages.

Collective agreements. The Committee notes from the Government’s report that, pursuant to the Labour Code currently in force, employers’ and workers’ organizations are not obliged to register the collective agreements they sign. Moreover, the practice of signing collective agreements is not widespread in the country. Therefore, the Government is not in a position to provide copies of any collective agreements with its report. The Committee asks the Government to supply information on any developments which may occur in this regard as well as copies of the collective agreements which may be signed in the future.

Objective job appraisal. The Committee notes the Government’s indication that no general job evaluation method is provided for in the national legislation. The Committee wishes to remind the Government that in order to establish, in accordance with the Convention, whether different jobs are of equal value, there has to be an examination of the respective tasks involved. As envisaged in Article 3 of the Convention, the Government should therefore promote the development and use of methods for the objective evaluation of jobs based on criteria that are objective and free from gender bias (2006 general observation, paragraph 5). The Committee asks the Government to provide information on the measures taken in this regard.

Cooperation with social partners. Noting that the Government provided no information concerning cooperation with employers’ and workers’ organizations with a view to giving effect to the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to supply information on the initiatives taken in cooperation with the social partners to promote the principle of equal remuneration.

Enforcement. The Committee notes that no relevant cases concerning the right to equal remuneration were brought before national courts during the reporting period. With regard to labour enforcement of the principle of the Convention through labour inspection, the Committee notes that the 2006 Labour Code repealed Order No. 310/n of 16 November 2005 on the approval of the charter of the labour inspection. The Committee notes with concern the Government’s statement that “from 1 January 2006 there is no labour inspection anymore in Georgia”. The Committee asks the Government to indicate which authorities, if any, have replaced the labour inspectorate in ensuring respect for the principle of equal remuneration for men and women for work of equal value, and to provide information on the specific action taken by these authorities.

CMNT_TITLE

1. Article 2 of the Convention. Wage determination. The Committee notes from the information previously provided by the Government that mechanisms do exist in Georgia for setting wages and that the Government has adopted a number of legal measures for establishing the minimum wage and subsistence wage, as well as remuneration rates for employees in the public sector. The Committee requests that the Government, in its next report, provides additional and complete details on these mechanisms and indicates the relevant legal provisions in the legislation in force. Please supply copies of all relevant laws and decrees determining remuneration and minimum wages, as well as copies of existing wage scales where available for both the public and private sectors, and include statistics, disaggregated by sex, on the distribution of men and women in the various wage scales by sector and level of responsibility or grade.

2. Remuneration gap. The Committee understands the difficult economic circumstances facing the Government and, in particular, the widespread poverty that exists in Georgia. Bearing this in mind, the Committee notes with concern that according to data from 2004, the average monthly salary for women represented only 81.8 per cent of the minimum subsistence wage in 2004, signifying that many more women than men are vulnerable to poverty on account of their difference in earnings. It also notes that the average monthly salary for women was 108 laris compared with 200.8 laris for men (a 46 per cent wage gap), that the wage gap between men and women is slightly lower in the private sector than in the public sector but that, in general, women earn significantly less than men. It notes the Government’s statement that this difference exists because director and management positions are most often held by men whereas women are largely employed in unskilled and poorly paid work. The Committee points out that discrimination in remuneration may arise out of the existence of a heavy concentration of women workers in certain jobs or sectors of activity and it asks the Government to provide information on efforts taken to promote the participation of women in skilled and higher paid occupations and positions of responsibility. The Committee also asks the Government to indicate what measures are in place or planned to ensure that the difference in pay between men and women is not the result of discriminatory treatment. It further requests that the Government provide information on how it is addressing the large pay gap between men and women within the context of the country’s poverty reduction strategies.

3. The Committee notes that the Government’s report does not reply to all of the comments raised in its previous report. It is bound, therefore, to repeat its previous direct request, which read in relevant parts as follows:

1. Article 1(a). Definition of remuneration. The Committee notes that the current Labour Code does not define the term "wages". Recalling that the principle of the Convention extends not just to the basic or ordinary wage, but covers all components of remuneration, direct and indirect, that arise out of the employment relationship, the Committee asks the Government to provide information on the manner in which the terms "wages" and "remuneration" are defined in the Labour Code.

2. Article 1(b). Definition of equal remuneration for equal value. The Committee notes that section 2(b) of the Labour Code establishes that a "worker has a right to have equal wages under equal working conditions according to the quantity and quality of work without any discrimination". The Committee recalls that the phrase "equal remuneration for men and women workers for work of equal value", as expressed in the Convention, goes beyond equal remuneration for equal work and requires rates of remuneration to be established exclusively on the basis of job content. Further, the adoption of the idea of work of equal value necessarily implies some comparison between jobs (see General Survey of 1986 on equal remuneration, paragraphs 20 and 21). In this connection, the Committee asks the Government to provide information on the manner in which the principle of equal remuneration for men and women, is given effect for workers who perform work of a different type.

5. Article 2(2)(c). Collective agreements. Please provide copies of collective agreements currently in force in the private sector and indicate the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value through those agreements.

6. Article 3. Objective job appraisals. The Committee recalls that the adoption of techniques to measure and objectively compare the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women. In this regard, the Committee asks the Government to provide information on the measures taken to promote an objective appraisal of jobs on the basis of the work to be performed; in this connection it draws the Government’s attention to paragraphs 139-144 of the 1986 General Survey on equal remuneration.

4. Parts III to V of the report form. The Committee asks the Government to provide relevant information on the general application of the Convention, including judicial decisions and information on inspections carried out by the Labour Inspection Service that might assist the Committee in assessing the extent and nature of existing pay inequalities between men and women in the country, and the measures taken to address them.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that the current Labour Code does not define the term "wages". Recalling that the principle of the Convention extends not just to the basic or ordinary wage but covers all components of remuneration, direct and indirect, that arise out of the employment relationship, the Committee asks the Government to provide information on the manner in which the terms "wages" and "remuneration" are defined in the Labour Code.

2. The Committee notes that section 2(b) of the Labour Code establishes that a "worker has a right to have equal wages under equal working conditions according to the quantity and quality of work without any discrimination". The Committee recalls that the phrase "equal remuneration for men and women workers for work of equal value", as expressed in the Convention, goes beyond equal remuneration for equal work and requires rates of remuneration to be established exclusively on the basis of job content. Further, the adoption of the idea of work of equal value necessarily implies some comparison between jobs (see General Survey of 1986 on equal remuneration, paragraphs 20 and 21). In this connection, the Committee asks the Government to provide information on the manner in which the principle of equal remuneration for men and women, is given effect for workers who perform work of a different type.

3. The Committee asks the Government to supply the Office with copies of the Act of Georgia on the methods of determining the substantive wage (17 April 1997), Decree No. 351 of the President of Georgia on the minimum wage (4 June 1999), and Decree No. 2 of the Ministry of Labour and Social Security of the Republic of Georgia on improving the system of remuneration of the employees in budgetary agencies (27 June 1995).

4. According to the data provided by the Government, the average monthly wage of women is 55.4 lari (US$27.9) and that of men 111.6 lari (US$56.3), indicating that women are earning 49.6 per cent of men’s wages. In the public sector women’s average salaries are 71.1 per cent those of men. The figures contained in the project "Social-Economic Situation in Georgia", involving Georgia’s State Department of Statistics, indicate that the average salary of women in 1996-97 was 48.7 per cent of men’s average salary. The Committee notes the Government’s statement that the principal reason for the wage gap is that although no gender discrimination exists in the sphere of remuneration, women are mostly engaged in low-paying jobs requiring few qualifications, whereas the leading positions in business are almost entirely occupied by men. In this regard, and noting the small progress achieved since 1996, the Committee asks the Government to indicate the measures taken or contemplated, including any vocational training activities, to promote women’s participation in all areas of the labour market including highly remunerated occupations. The Committee further asks the Government to continue to provide statistical information disaggregated by sex on the remuneration rates of men and women.

5. Please provide copies of collective agreements currently in force in the private sector and indicate the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value through those agreements.

6. Recalling that the adoption of techniques to measure and objectively compare the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, the Committee asks the Government to provide information on the measures taken to promote an objective appraisal of jobs on the basis of the work to be performed; in this connection it draws the Government’s attention to paragraphs 139-144 of the 1986 General Survey on equal remuneration.

7. The Committee asks the Government to provide statistical information on the number of labour inspections conducted by the Labour Inspection Service, the number of violations of the principle of the Convention discovered, and the actions taken to remedy said violations.

8. Please provide the information requested in Parts IV and VI of the report form.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information, including statistical data, provided by the Government in its first report.

1. The Committee notes that the current Labour Code does not define the term "wages". Recalling that the principle of the Convention extends not just to the basic or ordinary wage but covers all components of remuneration, direct and indirect, that arise out of the employment relationship, the Committee asks the Government to provide information on the manner in which the terms "wages" and "remuneration" are defined in the Labour Code.

2. The Committee notes that section 2(b) of the Labour Code establishes that a "worker has a right to have equal wages under equal working conditions according to the quantity and quality of work without any discrimination". The Committee recalls that the phrase "equal remuneration for men and women workers for work of equal value", as expressed in the Convention, goes beyond equal remuneration for equal work and requires rates of remuneration to be established exclusively on the basis of job content. Further, the adoption of the idea of work of equal value necessarily implies some comparison between jobs (see General Survey of 1986 on equal remuneration, paragraphs 20 and 21). In this connection, the Committee asks the Government to provide information on the manner in which the principle of equal remuneration for men and women, is given effect for workers who perform work of a different type.

3. The Committee asks the Government to supply the Office with copies of the Act of Georgia on the methods of determining the substantive wage (17 April 1997), Decree No. 351 of the President of Georgia on the minimum wage (4 June 1999), and Decree No. 2 of the Ministry of Labour and Social Security of the Republic of Georgia on improving the system of remuneration of the employees in budgetary agencies (27 June 1995).

4. According to the data provided by the Government, the average monthly wage of women is 55.4 lari (US$27.9) and that of men 111.6 lari (US$56.3), indicating that women are earning 49.6 per cent of men’s wages. In the public sector women’s average salaries are 71.1 per cent those of men. The figures contained in the project "Social-Economic Situation in Georgia", involving Georgia’s State Department of Statistics, indicate that the average salary of women in 1996-97 was 48.7 per cent of men’s average salary. The Committee notes the Government’s statement that the principal reason for the wage gap is that although no gender discrimination exists in the sphere of remuneration, women are mostly engaged in low-paying jobs requiring few qualifications, whereas the leading positions in business are almost entirely occupied by men. In this regard, and noting the small progress achieved since 1996, the Committee asks the Government to indicate the measures taken or contemplated, including any vocational training activities, to promote women’s participation in all areas of the labour market including highly remunerated occupations. The Committee further asks the Government to continue to provide statistical information disaggregated by sex on the remuneration rates of men and women.

5. Please provide copies of collective agreements currently in force in the private sector and indicate the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value through those agreements.

6. Recalling that the adoption of techniques to measure and objectively compare the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, the Committee asks the Government to provide information on the measures taken to promote an objective appraisal of jobs on the basis of the work to be performed; in this connection it draws the Government’s attention to paragraphs 139-144 of the 1986 General Survey on equal remuneration.

7. The Committee asks the Government to provide statistical information on the number of labour inspections conducted by the Labour Inspection Service, the number of violations of the principle of the Convention discovered, and the actions taken to remedy said violations.

8. Please provide the information requested in Parts IV and VI of the report form.

CMNT_TITLE

The Committee notes the information, including statistical data, provided by the Government in its first report.

1. The Committee notes that the current Labour Code does not define the term "wages". Recalling that the principle of the Convention extends not just to the basic or ordinary wage but covers all components of remuneration, direct and indirect, that arise out of the employment relationship, the Committee asks the Government to provide information on the manner in which the terms "wages" and "remuneration" are defined in the Labour Code.

2. The Committee notes that section 2(b) of the Labour Code establishes that a "worker has a right to have equal wages under equal working conditions according to the quantity and quality of work without any discrimination". The Committee recalls that the phrase "equal remuneration for men and women workers for work of equal value", as expressed in the Convention, goes beyond equal remuneration for equal work and requires rates of remuneration to be established exclusively on the basis of job content. Further, the adoption of the idea of work of equal value necessarily implies some comparison between jobs (see General Survey of 1986 on equal remuneration, paragraphs 20 and 21). In this connection, the Committee asks the Government to provide information on the manner in which the principle of equal remuneration for men and women, is given effect for workers who perform work of a different type.

3. The Committee asks the Government to supply the Office with copies of the Act of Georgia on the methods of determining the substantive wage (17 April 1997), Decree No. 351 of the President of Georgia on the minimum wage (4 June 1999), and Decree No. 2 of the Ministry of Labour and Social Security of the Republic of Georgia on improving the system of remuneration of the employees in budgetary agencies (27 June 1995).

4. According to the data provided by the Government, the average monthly wage of women is 55.4 lari (US$27.9) and that of men 111.6 lari (US$56.3), indicating that women are earning 49.6 per cent of men’s wages. In the public sector women’s average salaries are 71.1 per cent those of men. The figures contained in the project "Social-Economic Situation in Georgia", involving Georgia’s State Department of Statistics, indicate that the average salary of women in 1996-97 was 48.7 per cent of men’s average salary. The Committee notes the Government’s statement that the principal reason for the wage gap is that although no gender discrimination exists in the sphere of remuneration, women are mostly engaged in low-paying jobs requiring few qualifications, whereas the leading positions in business are almost entirely occupied by men. In this regard, and noting the small progress achieved since 1996, the Committee asks the Government to indicate the measures taken or contemplated, including any vocational training activities, to promote women’s participation in all areas of the labour market including highly remunerated occupations. The Committee further asks the Government to continue to provide statistical information disaggregated by sex on the remuneration rates of men and women.

5. Please provide copies of collective agreements currently in force in the private sector and indicate the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value through those agreements.

6. Recalling that the adoption of techniques to measure and objectively compare the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, the Committee asks the Government to provide information on the measures taken to promote an objective appraisal of jobs on the basis of the work to be performed; in this connection it draws the Government’s attention to paragraphs 139-144 of the 1986 General Survey on equal remuneration.

7. The Committee asks the Government to provide statistical information on the number of labour inspections conducted by the Labour Inspection Service, the number of violations of the principle of the Convention discovered, and the actions taken to remedy said violations.

8. Please provide the information requested in Parts IV and VI of the report form.