Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equal Remuneration Convention, 1951 (No. 100) - Armenia (Ratification: 1994)

Gender pay gap. The Committee welcomes the statistics provided by the Government on the average monthly wage by economic sector, according to which in all economic sectors, the average monthly wages of women are lower than those of men, and all sectors being considered the overall gender pay gap amounted to 35.9 per cent in 2010 (42 per cent in 2008). The Committee notes that women’s average monthly wages represented 83.8 per cent of men’s in agriculture; 81.3 per cent in education; 75.1 per cent in health care and social services; 67.9 per cent in public administration; 63.2 per cent in manufacturing; and 54.9 per cent in financial and insurance activities. The Committee asks the Government to provide information on the measures taken or envisaged to reduce the persistent gender pay gap in all sectors of the economy, including measures taken to address its underlying causes such as vertical and horizontal occupational segregation. It also requests the Government to continue to provide updated statistical information on the earnings of men and women disaggregated by sex, economic activity and occupation in the public and private sectors in order to assess the progress made in reducing the pay gap.

Articles 2 and 4. Determination of minimum wage rates, collective agreements and cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that in recent years, provisions regarding minimum wages have been included in almost all collective agreements. It also notes that no progress was made on amending the Law on the Minimum Monthly Wage, however issues relating to remuneration were discussed within the Republican Tripartite Commission in April 2011. The Committee notes the Government’s indication that, as a result of the discussion the tripartite Committee decided to establish the necessary legal grounds to determine the minimum wage rate and to request the technical assistance of the ILO to conduct a comprehensive study on wages in Armenia with a view to drafting and submitting a reform package on wage policy, including minimum wages, and to improve the system of remuneration in the public service. The Committee asks the Government to take the necessary measures to ensure that the principle of the Convention is taken into account in the minimum wage fixing process and in particular, that rates for female-dominated occupations are not set below the level of rates for male-dominated occupations involving work of equal value. The Committee also asks the Government to provide information on any developments, in cooperation with workers’ and employers’ organizations, with respect to wage policy, minimum wages and remuneration in the public service. It encourages the Government to organize awareness-raising activities of the principle of the Convention, in particular on the concept of “work of equal value” among members of the Republican Tripartite Commission, and workers’ and employers’ organizations.

Application of the principle in the public sector. The Committee notes from the statistics provided by the Government that in the public sector, 90.2 per cent of the highest positions and 59.9 per cent of managerial positions are occupied by men, whereas 68.6 per cent of junior positions are held by women, and women’s average monthly wages represent 67.9 per cent of men’s average monthly wages in the public administration (including “defense and compulsory social security”). The Committee also notes the adoption on 26 May 2011 of the Law on Public Service which according to the Government’s report, provides for the right to receive the amount of remuneration provided by the law without any discrimination, but does not seem to incorporate the principle of equal remuneration for men and women for work of equal value. The Committee recalls that the fact that a system of remuneration is based on a classification of jobs established by law and does not formally distinguish between men and women, does not prevent indirect discrimination. Discrimination can occur when access for men and women to additional payments is unequal for work of equal value or it can be due to the manner in which the classification of jobs itself was established, the tasks performed mainly by women often being undervalued in comparison to the tasks traditionally performed by men. The Committee once again asks the Government to indicate how it is ensured that the criteria used to determine the remuneration scales in the public administration are free from gender bias and that male and female civil servants have access to additional payments on an equal footing. It also asks the Government to take steps so that the principle of the Convention is included explicitly in the Law on the Public Service. Please continue to provide data, disaggregated by sex, on the distribution of men and women in the various categories and positions of the civil service with their corresponding levels of earnings.

Article 3. Objective job evaluation. The Committee recalls that the Labour Code provides that the employee’s salary shall depend on the qualification of the employee, working conditions, quality, amount and complexity of work (section 178(4)). The Committee notes that section 178(4) can assist in applying the principle of equal remuneration for men and women for work of equal value in so far as it enables the employer to evaluate the job on the basis of the tasks performed or to be performed, using objective criteria. 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. It further recalls that 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 (General Survey on the fundamental Conventions, 2012, paragraph 701). Recalling the importance of promoting the use of objective job evaluation methods in order to establish whether different jobs are of equal value and thus entitled to equal remuneration in compliance with the provisions of the Convention, the Committee asks the Government to provide information on any steps taken to promote such methods. It once again asks the Government to indicate the role of the social partners in promoting, developing and implementing practical approaches and methods for the objective evaluation of jobs with a view to effectively applying the principle of equal remuneration for men and women for work of equal value, including within the Republican Tripartite Commission, and encourages the Government to develop and use an objective method of job evaluation in the framework of the foreseen reform of the public service remuneration system.

Enforcement. The Committee notes that from 2008 to 1 May 2012, no complaints regarding the violation of the principle of equal remuneration for men and women for work of equal value have been registered. The Committee recalls its previous comments that the absence of complaints is likely to indicate a lack of awareness of the rights, a lack of confidence in or absence of practical access to procedures, or fear of reprisals, and does not necessarily mean that the Convention and the national legislation are effectively applied. The Committee asks the Government to take steps to raise awareness among workers, employers and their organizations as well as labour inspectors, judges and other public officials of the principle of equal remuneration for men and women for work of equal value and provide information on any measures taken in this respect. Please continue to provide information any action taken to remedy any violations detected or brought to the attention of the labour inspectors regarding unequal remuneration discrimination and on any administrative and judicial decisions applying the principle of the Convention.