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

Equal Remuneration Convention, 1951 (No. 100) - Denmark (Ratification: 1960)

The Committee notes the observations of the Local Government Denmark (KL), the Danish Employers’ Association for the Financial Sector (FA), the Danish Confederation of Trade Unions (LO), the Confederation of Danish Employers (DA), the State Employer’s Authority (Personalestyrelsen), the Danish Regions (DanskeRegioner) and the Danish Association of Local Government Employees’ Organizations (KTO), included in the Government’s report.

Assessing the gender pay gap. The Committee notes from the Government’s report that in 2009 women earned on average 18 to 20 per cent less than men and that the gender pay gaps in the State and the local civil services and in the private sector have remained approximately unchanged in the last 15 years. The Government further reiterates its explanation concerning the underlying causes of these wage differentials and states that the gender pay gap can, to a large extent, be explained by the gender segregation of the labour market which manifests itself by a higher representation of women in the public sector (seven out of ten public employees), a higher proportion of female part-time workers (37 per cent in comparison with 14 per cent of men), longer and more numerous career breaks and an under-representation of women in executive positions (three out of ten managers). The Committee also welcomes the statistical information, attached to the Government’s report, regarding the earnings and the occupational distribution of men and women in the municipalities and the regions in 2009. It notes in particular that women represented 76.7 per cent of the total workforce in these sectors and that they were predominantly employed in health and social services. The Committee asks the Government to continue to provide up-to-date information on the evolution of the gender pay gap and its causes, including detailed information on the earnings of men and women according to sectors, educational level and occupation, in both the private and the public sectors.

Implementation of legislation. Further to its previous comments, the Committee notes that under section 5a of Act No. 899 of 5 September 2008 on equal pay to men and women, employers employing 35 workers or more are required to prepare annually sex disaggregated statistics or, alternatively, an equal pay report and an action plan. The Committee recalls its previous comment in which it noted the observations made and the improvements suggested by some of the social partners as regards the issue of anonymity of the equal pay data collected and the extension of the scope of the obligation to smaller enterprises. The Committee notes that according to the Equal Pay Review published by the Ministry of Employment and Equality in January 2010 and attached to the Government’s report, approximately 800,000 employees were to be covered by the draft law in 2006, corresponding to 692 public companies and 1,211 private companies. In 2009, approximately 3,000 enterprises fell within the scope of the legislation, of which 400 were in the public sector and 2,600 in the private sector. The Committee further notes that the study on “Gender disaggregated statistics and report on equal pay”, commissioned by the Ministry of Employment and Equality to the Danish National Centre for Social Research (SFI), was published in December 2011. It notes from the information available on the SFI website, that only two-thirds of the enterprises covered by the legislation produced sex disaggregated statistics on pay or equal pay reports, while the SFI estimates that at least one third of these enterprises have had almost no internal dialogue about such statistics. The report also underscores that poor knowledge of the legislation and failure to acknowledge and address gender pay gap in enterprises explain, to some extent, the lack of compliance. The Committee again asks the Government to provide information on any measures taken or envisaged to address the comments raised by some of the social partners regarding the need to require smaller enterprises to prepare equal pay statistics, the possibility to identify and address discriminatory pay differences, and the possibility to compare wage statistics between the public and the private sectors. Please also provide statistical information on the number of enterprises subject to the obligation to prepare equal pay statistics and the number of employees covered, as well as information on the findings of the SFI report and on any follow-up actions taken with a view to attaining full compliance with the legal obligation to prepare sex disaggregated statistics on pay, including any sanctions imposed, as provided under section 6b of Act No. 899 of 2008.

Objective job evaluation. In its previous comment, the Committee noted that under section 1(ii) of Act No. 899 of 2008, the determination of the value of work should be based on a general assessment of qualifications and other relevant factors. Noting the comment of the LO that the Government had not taken any steps to promote the use of objective job evaluation methods, the Committee asked the Government to provide information on the measures taken to encourage the use of such methods in the public and the private sectors. In its reply, the Government indicates that no measures to this end have been taken so far, nor is any action envisaged in this regard. The Committee notes however that the Government acknowledges that the gender pay gap in the country is mainly due to occupational gender segregation in the labour market. The Committee wishes to emphasize that in order to give full effect to the principle of the Convention, it is essential to use objective job evaluation methods which allow different jobs to be compared on the basis of factors which are not inherently discriminatory, with a view to ensuring that work carried out mainly by women (“female jobs”) is not undervalued and that women receive equal remuneration compared to men carrying out work of equal value. The Committee therefore encourages the Government to take active steps, in cooperation with the social partners, to promote the development and use of objective job evaluation methods, as envisaged under Article 3, and to report on any progress made in this regard.

Workers’ and employers’ organizations. The Committee notes that following the 2010 collective bargaining round, the LO and the DA have incorporated Act No. 899 of 2008 directly into their collective agreements which now provide that employers within their scope are to prepare annually sex disaggregated statistics. The Committee also notes from the 2010 Equal Pay Review that, to this end, the DA and the FA developed gender statistics tools, such as netstat, and now provide free equal pay statistics to their membership. Moreover, the Government indicates that, as a consequence of the direct implementation of the Act through collective agreements, cases of pay discrimination based on sex can be referred to the labour courts. The Committee further notes that the Confederation of Danish Industry (DI) and the Central Organization of Industrial Employees (CO-Industri) established in June 2011 an equal pay tribunal empowered to hear cases of unequal pay on the basis of sex. In this regard, the Committee understands from the information provided by the DA and attached to the Government’s report, that equal pay tribunals were to be established in other sectors of activity. The Committee also notes from the 2010 Equal Pay Review that the social partners remain very active in promoting the principle of equal remuneration for men and women for work of equal value by making recommendations, providing training sessions, organizing seminars and forums and disseminating information on equal pay. The Committee asks the Government to provide information on the functioning of the equal pay tribunal and on any further action taken by the social partners to establish equal pay tribunals in other sectors of activity. It also asks the Government to provide information on any decisions of such tribunals or the courts relating to the principle of equal remuneration. Please also continue to provide information on any initiatives taken by the social partners to promote and apply the principle of equal remuneration for men and women for work of equal value, including in the agricultural sector.

Other measures to address the gender pay gap. The Committee notes the Government’s indication that the “Charter for more women in management” has so far been signed by 115 companies in both the private and the public sectors, exceeding the target of 100. According to a follow-up study conducted in 2010 to assess the progress achieved by 25 participating enterprises, the majority of the surveyed enterprises work towards the achievement of the Charter commitments, by developing quantified targets, aimed at improving the access of women to executive positions, and implementing them within fixed time limits. The Committee further notes that the Ministry of Employment and Equality funded a study aimed at identifying and evaluating cultural barriers preventing women from accessing managerial positions in large companies. According to the study’s findings published in 2011, corporate culture plays a key role in fostering access to executive positions. The Committee also notes that the Government expects that the results of such a study will raise awareness in enterprises and help to adapt corporate cultures so as to create gender-neutral working environments. The Committee asks the Government to collect and provide information on the results achieved through the “Charter for more women in management” and on any other initiatives taken, in cooperation with the social partners, with a view to reducing pay differentials between men and women.

The Committee notes the Wage Commission’s report on “wages, gender, education and flexibility” of 2010 which highlighted the persistence of horizontal and vertical gender segregation in the labour market and analysed the differences in women’s and men’s recruitment and career patterns in the public sector. In doing so, the study revealed a “sliding gender division effect”, that is that women and men with the same training and in the same field of work often end up performing different tasks. According to the findings, such effect is the result of informal and invisible mechanisms based on societal expectations for men and women, social norms and parenthood. The Committee further notes that, according to the LO, recommendations made by the Wage Commission with respect to the principle of equal remuneration and the issues of gender segregation in the labour market have so far remained without effect. The Committee asks the Government to provide more information on the recommendations of the Wage Commission and on any follow-up action taken in this regard. The Committee also asks the Government to provide information on any measures taken or envisaged with a view to narrowing the gender pay gap and addressing occupational gender segregation in the labour market, including gender stereotypes influencing women’s and men’s choices about education and employment, and on the impact of such measures.