Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Equal Remuneration Convention, 1951 (No. 100) - Tajikistan (Ratification: 1993)

Gender wage gap. The Committee recalls that the majority of women are employed in sectors in which wages are low and that according to ILO data, 75 per cent of all economically active women worked in agriculture in 2004. The second largest group of women was employed in the education sector (6.3 per cent). The Committee notes the Government’s indication that despite the increase in the average monthly nominal wages between March 2009 and February 2010, agricultural and forestry workers are still paid the lowest wage in the economy (83.02 somoni and 148.33 somoni, respectively); the highest wages are paid to the banking and finance employees (1,117.29 somoni). The Government’s report also indicates a growing trend of wage arrears in practically in all sectors of the economy, with agriculture accounting for 47.1 per cent of the total wage arrears. The Committee asks the Government to undertake serious efforts to address the wage arrears in the agricultural sector so as to prevent a further widening of the wage gap between men and women and to report on the results achieved. Please also indicate any measures taken under the National Programme for the Promotion of Employment to promote women’s access to sectors and occupations with higher paying jobs. Recalling that the National Development Strategy for the period until 2015 provides for the collection of improved gender statistics, the Committee hopes that more detailed statistical information disaggregated by sex on the distribution of men and women in the different occupations and sectors of the economy, and their corresponding levels of earnings, will soon be available.

Legislative protection. The Committee recalls that the Labour Code prohibits discrimination in payment for work and requires employers to pay workers the same remuneration for work of equal value (section 102). The Committee also notes that section 13 of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005, provides that “the employer (head of state organ or organization of any property form) must ensure equal salary for men and women, having the same position”, which is narrower than the notion of equal remuneration for work of equal value provided for in the Convention. The Committee asks the Government to clarify the relationship between the provisions of the Labour Code, in particular section 102, and the provisions of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 2005, in particular section 13. Please also provide information on the practical application of the relevant provisions of the Labour Code and Law No. 89 of 1 March 2005.

Wage determination. The Committee notes the adoption of Government Decree No. 98 of 5 March 2008 to approve the concept of wage reforms in the Republic of Tajikistan, which provides, among others, for mechanisms of state regulation of wage determination. The Committee asks the Government to provide further information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is being taking into account in the context of state regulation of wage determination.

Collective agreements. In the absence of any information regarding the application of the principle of the Convention by means of collective agreements, the Committee reiterates its request to the Government to provide examples of collective agreements covering different sectors and to indicate how these agreements promote the principle of the Convention. Please also indicate the percentage of the workforce covered by collective agreements, disaggregated by sex.

Civil service. The Committee notes that the level of remuneration of civil servants is periodically established by the President of the Republic of Tajikistan. It also notes that Law No. 89 of 2005 provides for guarantees ensuring equal opportunities of men and women in the state service. The Committee asks the Government to provide information on how it is ensuring in practice, through the application of Law No. 89 of 2005, equal remuneration for men and women for work of equal value in the civil service. Please provide statistical information disaggregated by sex on the distribution of men and women in the various occupations and grades in the civil service, and their corresponding earnings.

Enforcement. The Committee understands that a Coordinating Council on Gender Problems has been established in the Ministry of Labour and Social Protection and the State Labour Inspectorate to monitor discrimination against women in the labour market. The Committee asks the Government to provide information on the activities of the Coordinating Council on Gender Problems to monitor sex-based discrimination regarding remuneration. Please also provide information on the number of violations of section 102 of the Labour Code dealt with by the Ministry of Labour and Social Protection and the State Labour Inspectorate, and indicate whether the courts have dealt with any cases concerning the principle of equal remuneration for men and women for work of equal value.