Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Equal Remuneration Convention, 1951 (No. 100) - Poland (Ratification: 1954)

1. Assessment of the gender pay gap. The Committee notes from the Government’s report that according to surveys carried out by the National Labour Inspectorate, in 2003 women occupying higher management posts earned 12.6 per cent less that their male counterparts. In 2004 this pay gap increased to 17.4 per cent. No significant wage gap had been found in respect of lower management posts. The Committee also notes that according to EUROSTAT data, the overall gender wage gap (average gross hourly wages) in Poland amounted to 10 per cent in 2004. The Committee encourages the Government to continue to undertake surveys and studies to monitor the gender remuneration gap in the private and public sectors and to provide information on the outcome of such surveys in its reports, including updated statistical information on the earnings of men and women, as far as possible in accordance with the Committee’s 1998 general observation.

2. Supervision and enforcement. The Committee notes the Government’s indication that the violation of the principle of equal treatment is not considered an offence; as a consequence, labour inspectors cannot impose fines or refer matters to the court. Most of the cases dealt with by the labour inspection service involved failure of the employer to make the legislation on equal treatment available to employees. Only the labour court may award compensation to victims of discrimination, including for violations of the right to equal remuneration for work of equal value. Noting that the report does not indicate whether any cases concerning equal remuneration for work of equal value have been brought to the courts, the Committee once again asks the Government to provide this information. Noting that violations of the principle of equal remuneration under the Labour Code are not subject to administrative fines, the Committee asks the Government to continue to provide information on any other measures taken by the National Labour Inspectorate to ensure and promote respect for the Labour Code’s provisions concerning equal remuneration.

3. Objective job evaluation. The Government’s report states that analytical and impartial methods of job evaluation were applied in Poland. Among the enterprises applying for the award of “Leader in Human Resource Management” in the period 2005–06, large companies were more likely to use objective job evaluation as a basis for remuneration than small companies. However, performance and competence appraisal were also applied. The Committee asks the Government to indicate whether it intends to take any specific measures to promote, more broadly, objective job evaluation methods on the basis of the job performed, with a view to promoting the Convention’s principles.