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

Equal Remuneration Convention, 1951 (No. 100) - Albania (Ratification: 1957)

Legislative developments. The Committee notes the adoption of the Law on Gender Equality in Society (No. 9970, 24 July 2008) which has a number of provisions regarding payment for work of equal value. Section 21(ç) provides that “Female and male employees shall have the following rights without any gender discrimination: … to have the same pay for work of the same value, including remunerations equal treatment for work of the same value as well as equal treatment concerning the evaluation of work quality.” Section 16(7) requires an employer to actively promote gender equality, inter alia, by providing equal payment for work of equal value; section 17(1) also stipulates that it is discriminatory for an employer to differentiate based on gender regarding “payment for equal value work”. “Equal value work” is defined in section 4(8) as “the paid activity, which, compared with the same indicators or unit of measure of another activity, displays similar or equal knowledge and professional skills in achieving equal or almost equal physical and intellectual efforts.” The Committee notes that pursuant to the 2004 Law on Gender Equality in Society, there was an obligation on the employer to “apply equal salary for the work of an equal value” (section 4), although no definition of “work of equal value” was provided. The Committee recalls that section 115(1) of the Labour Code, 1995, provides that the employer is to give “the same salary to both women and men who carry out jobs of equal value”. No definition of “jobs of equal value” is provided in the Labour Code. The Committee asks the Government to provide information on the interpretation by any judicial or administrative bodies of sections 16(7), 17(1) and 21(ç) of the Law on Gender Equality in Society, and section 115 of the Labour Code. The Committee also asks the Government to indicate whether section 4(8) of the Law on Gender Equality in Society permits the comparison of jobs that are of an entirely different nature, requiring different knowledge, skills and effort, but which are of equal value. Please provide summaries of any complaints, and the outcome thereof, brought to the attention of the labour inspectorate, the courts or the People’s Advocate regarding the provisions of the Labour Code and the Law on Gender Equality in Society relating to equal remuneration for work of equal value.

Scope of application. The Committee has been requesting the Government to indicate whether the laws on the status of specific categories of workers, namely the Members of Peoples’ Assembly Act No. 7503 of 1998, and the Lawyers, Effective Assistance Lawyers, Prosecutors and Inquirers Act No. 7800 of 1994, contain any specific provisions regarding remuneration of employment, in the light of section 4 of the Labour Code, which excludes from its scope of application persons whose employment is regulated by other legislation. While the Government has not responded to this point, the Committee notes that, by virtue of section 5 of the Law on Gender Equality in Society, protection from gender discrimination is provided to all persons living and residing in the territory of the Republic of Albania. The Committee therefore asks the Government to clarify whether the equal remuneration provisions in the Law on Gender Equality in Society are applicable regardless of the specific provisions which may be contained in the above laws or any other legislation.

Application in practice. The Committee notes the Government’s response to its previous request for information on measures to promote and ensure the application of the Convention’s principle in practice, and particularly that the Government has undertaken a study to identify forms of discrimination, and the measures and tools necessary to improve legislation in the relevant area and the orientation of policies against discrimination. It also notes that the Government conducted a survey of a limited number of companies, businesses and institutions concerning the remuneration of professionals, which is intended to be the first step to assess work which is to be enlarged to cover entities nationwide. The Committee asks the Government to provide information on the progress made through these initiatives and to provide summaries of the outcomes of these studies and surveys once completed. It also asks the Government to provide the outcome of the study on women’s unpaid work in agriculture and in the household which has been requested since 2004. Please also provide any further information on the measures taken or envisaged to promote and ensure equal remuneration for men and women for work of equal value in the public and private sectors in practice, particularly with respect to female-dominated branches of the economy.

National Strategy and Action Plan. The Committee notes that section 10 of the Law on Gender Equality in Society establishes the role of the Council of Ministers to approve the National Strategy and Action Plan for the Achievement of Gender Equality. In this connection, the Committee notes that the Ministry of Labour, Social Affairs and Equal Opportunities developed the National Strategy on Gender Equality and Domestic Violence 2007–10. The Committee asks the Government to provide information on the specific activities undertaken and the results achieved under the 2007–10 National Strategy in matters relating to the principle of equal remuneration for work of equal value. It would also appreciate receiving information concerning any progress made towards the adoption of the National Strategy and Action Plan for the Achievement of Gender Equality.

National Council on Gender Equality. The Committee notes that sections 11 and 12 of the Law on Gender Equality in Society establish the National Council on Gender Equality, which is an advisory body consisting of ten representatives appointed by the Government and three by civil society. The Committee notes the information provided by the Government that the National Council on Gender Equality was established by Order of the Prime Minister No. 3 of 8 January 2009 and that the Council is chaired by the Minister of Labour, Social Affairs and Equal Opportunities. The Council’s duties include advising the Government in defining the scope of state policies on gender equality; ensuring gender mainstreaming; proposing programmes to the Council of Ministers; evaluating the current situation of gender equality; issuing guidelines on the structure of gender equality issues; and approving the annual report on gender equality. Section 13(1) designates the minister responsible for gender equality issues as the state authority responsible for the implementation and supervision of the Law on Gender Equality in Society and state programmes on gender equality. The Minister is also responsible, under section 13(2), for other activities including proposing to the Council of Ministers, upon consultation with the National Council on Gender Equality, amendments to laws and secondary legislation; signing relevant international acts; establishing mechanisms for gathering gender-disaggregated statistics; elaborating and implementing activities on education, training, information and awareness raising; and submitting to the National Council on Gender Equality the previous year’s report on activities and progress. Section 13(3) establishes the duty of central and local state institutions to collaborate with the respective ministers with a view to exchanging information and facilitating the accomplishment of the minister’s function. It also provides for gender equality employees to be designated in each ministry for this purpose. Section 14 provides that local government organs shall cooperate with central government organs and non-profit organizations for the achievement of gender equality, and local government organs are to gather and process gender‑disaggregated statistics. The section also provides for the appointment of gender equality employees in local government organs. The Committee asks the Government to provide specific information on the organization and operation of the National Council on Gender Equality, including details on the organizations represented as the civil society members of the Council and the activities that have been planned or implemented, and the outcome thereof, in terms of the promotion and realization of the principle of equal remuneration for work of equal value. It also asks the Government to supply information on the measures taken or envisaged by the minister responsible for gender equality and the central and local government organs regarding equal remuneration for work of equal value. In addition, the Government is further requested to supply information on cooperation on the matters related to the Convention between the National Council on Gender Equality and the National Council on Labour, as provided for in section 12 of the Law on Gender Equality in Society.

Article 3 of the Convention. Objective job evaluation. The Committee notes the Government’s indication that the relevant methodology has not yet been developed, and that the Ministry of Labour, Social Affairs and Equal Opportunities is in the process of undertaking a study on pay equity. In this context, the Committee refers to paragraphs 138–142 of its General Survey of 1986 on equal remuneration, which provide useful guidance on objective job evaluation methods. The Committee reiterates its previous request to the Government to take active measures, particularly in the context of the implementation of sections 16, 17 and 21 of the Law on Gender Equality in Society, to promote the development and use of objective job evaluation methods that are free from gender bias. It also asks the Government to provide information on any progress made in relation to the pay equity study undertaken by the Ministry.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that the Law on Gender Equality in Society provides in section 18(4) that every individual agreement or collective agreement which contradicts the provisions of the Law is invalid. The Committee also notes that the Government’s report is silent on its request concerning the collective agreement of 4 July 2006 signed between the Ministry of Education and Science and the Trade Union Federation of Education and Science of Albania (FSASH) and the Independent Trade Union of Education of Albania (SPASH) containing provisions on equal remuneration for equal work. The Committee is therefore bound to reiterate its request that the Government clarify whether the above collective agreement covers not only equal work but also work of equal value, that is jobs which may be of a different nature or may not be performed at the same enterprise, but which are nevertheless of equal value. It would also be grateful if the Government would supply a copy of the collective agreement as well as of any other collective agreements which contain provisions relevant to the Convention. The Committee also asks the Government to provide information on any collective agreements that have been declared invalid pursuant to section 18(4).

Statistical information. The Committee once again asks the Government to supply statistical data concerning the earnings of workers disaggregated by sex, industry, occupational category and educational level. It would also appreciate receiving any gender-disaggregated statistical information which may have been collected by the minister responsible for gender equality issues and by local government organs, as provided in sections 13(2)(d) and (dh) and 14(3) of the Law on Gender Equality in Society.