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

Equal Remuneration Convention, 1951 (No. 100) - Iceland (Ratification: 1958)

Gender pay gap. The Committee notes the information provided by Statistics Iceland that the total monthly pay for men (median) was 447,000 Icelandic krona (ISK), while the total monthly pay for women (median) was ISK362,000 (gender pay gap of 19 per cent) in 2011. It also notes the Government’s indication in its report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) that two statistical studies on the gender pay gap in the private sector have been conducted, and information documents on these studies are in the process of being prepared. The Committee recalls in addition that three working groups were established in 2007 with a view to addressing the gender pay gap in the private and public sectors. The Committee notes the Government’s indication that the work of these working groups was not completed due to the dissolution of Parliament in 2009 in the wake of the economic crisis. The Committee also notes that according to the Parliamentary resolution on the four-year Gender Equality Action Programme (adopted May 2011) for the years 2011–14, eliminating the gender pay gap constitutes one of the main objectives. The Government further indicates that in the city of Reykjavik, the gap in total monthly pay between female and male staff of the city decreased from 9 per cent in 2007 to 8.1 per cent in 2010; the remaining difference was attributed to overtime pay and driving allowances. With regard to the human rights policy adopted by the city of Reykjavik in May 2006, the Committee notes the Government’s indication that this policy provides that men and women are to be paid equally for work of equal value. The Committee asks the Government to continue to provide statistical information on the respective levels of pay of men and women in the various sectors of the economy, including the results of the statistical studies conducted, as well as information on the action taken and the results achieved in reducing the gender pay gap both in the private and the public sectors.

Work of equal value. Scope of comparison. The Committee recalls that section 19 of the Act on Equal Status and Equal Rights of Men and Women No. 10/2008 provides that men and women working for the same employer are entitled to equal wages and equal terms of employment for the same jobs or jobs of equal value. It also recalls that the European Committee of Social Rights in its conclusions adopted in 2007 considered that where the legislation did not authorize pay comparisons to determine whether there was equal pay for equal work or work of equal value beyond a single employer, the situation was not in conformity with section 4(3) of the European Social Charter. The Committee notes the Government’s indication that no measures have been adopted to allow the comparison of jobs beyond the same establishment or enterprise. It also notes that according to the report “Gender Equality in Iceland” published by the Centre for Gender Equality Iceland in January 2012 that the labour market is still highly segregated and that a large majority of women are working in the public sector, in caretaking, teaching and other services. The Committee recalls that as effective application of the principle is needed, where women are more heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level will be insufficient (General Survey on fundamental Conventions, 2012, paragraph 698). The Committee therefore asks the Government to take steps to ensure that the principle of the Convention can be applied even where there is no sufficient comparator group employed by the employer, and to provide information on any progress made in this regard.

Article 3 of the Convention. Objective job evaluation. With regard to section 25(2) of Act No. 10/2008 (employer’s obligation to demonstrate that a difference in wages for men and women for the same work or work of equal value is explained on grounds other than sex), the Committee notes the Government’s indication that the criteria are the same as used under section 26(5) of the Act, namely, educational qualifications, working experience, specialized knowledge or other special talents required for the relevant position according to law or regulations, or which must otherwise be considered as being of use for the position. The Committee also notes the Government’s indication that the city of Reykjavik applies a job evaluation system in the wage determination process with a view to combating the gender pay gap. It further notes that in the context of the Gender Equality Action Programme 2011–14 there is to be an analysis of successful job evaluation exercises undertaken by municipalities and an assessment of the benefits for the Government in implementing job evaluation. The Committee asks the Government to provide information on the results of the analysis concerning job evaluation exercises undertaken by municipalities under the Gender Equality Action Programme 2011–14, including the impact of the process in decreasing the gender pay gap.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication in its report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the protocol to the collective agreements concluded by the Confederation of Icelandic Employers (SA) and the Icelandic Confederation of Labour (ASI) was renewed in May 2011. The Government also indicates that social partners’ cooperation on the certification system on equal pay pursuant to section IV of the interim provisions of Act No. 10/2008 started in November 2008 under the auspices of the Icelandic standards, but that the establishment of the system is still in progress. The Committee further notes that under the Gender Equality Action Programme 2011–14, in order to implement pay equality, and to further develop the ideas on the certification system on equal pay, cooperation with the social partners’ organizations is envisaged. The Committee asks the Government to provide information on the implementation of the certification system on equal pay, and the procedures for issuing certificates and on any other measures taken in cooperation with workers’ and employers’ organizations to give effect to the Convention. It also asks the Government to provide information on the implementation of the protocol to the collective agreements for the promotion of gender equality within the labour market, concluded between the SA and the ASI in 2008, as well as on any other collective agreements promoting the principle of the Convention.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that since the entry into force of Act No. 10/2008, 11  cases have been lodged before the Complaints Committee on Gender Equality, one of which concerned equal pay. It also indicates that since the last report in 2009, there have not been any new cases lodged before the courts. The Committee further notes the Government’s indication that following the project “Break gender stereotypes, give talent a chance” in 2009, targeting small and medium-sized enterprises, the training material was translated and had been widely distributed. The Committee asks the Government to continue to provide any decisions or rulings related to the principle of the Convention by the courts or the Gender Equality Complaints Committee pursuant to section 6 of Act No. 10/2008. It also asks the Government to provide information on any awareness-raising activities for workers and employers specifically on the principle of the Convention, and the impact thereof.