Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Equal Remuneration Convention, 1951 (No. 100) - Latvia (Ratification: 1992)

Gender wage gap and occupational segregation. The Committee welcomes the recent detailed statistical information provided by the Government on the monthly gross wages and salaries of men and women by economic activity, showing an overall gender wage gap in 2013 (first quarter) of approximately 24.8 per cent in the public sector and 13.9 per cent in the private sector (respectively 23.4 per cent and 15.6 per cent in 2011). The Committee also notes that, according to EUROSTAT, the gender pay gap in unadjusted form was 13.6 per cent in 2011. Also referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee notes the Government’s indications regarding measures taken to implement the Gender Equality Action Plan 2012–14 to address occupational segregation, in particular in the field of education. Noting that the gender wage gap remains stable, the Committee once again urges the Government to take the necessary steps to reduce the gender wage gap in the public and private sectors, including taking measures to improve women’s access to a wider range of jobs and positions. The Committee also asks the Government to continue to provide updated statistical information on the distribution of men and women in the various economic sectors, occupational categories and positions, as well as their corresponding earnings.

Article 2 of the Convention. Application by means of legislation. Public service. The Committee notes the adoption of Cabinet Regulation No. 1075 of 30 November 2010 determining a unified system for classification of positions and classification procedures for the positions in the State and local government authorities (“Catalogue of positions of the State and local government authorities”) and Cabinet Regulation No. 66 of 29 January 2013 regarding remuneration of officials and employees of State and local government authorities and procedures for determination thereof, as well as several other regulations concerning specific positions. The Committee understands from the Government’s report that the classification of the positions is based on the functions to be performed and the level of responsibility and complexity of the position. The Government states that the determination of the monthly salary, as well as other benefits, is therefore not related to the gender of officials and employees. While noting this information, the Committee wishes to recall that the fact that a system of remuneration is based on a classification of jobs established by law and does not formally distinguish between men and women, does not prevent indirect discrimination, which can be due to the manner in which the classification of jobs itself was established, the tasks performed mainly by women often being undervalued in comparison to the tasks traditionally performed by men. The Committee asks the Government to ensure that the method used to establish the classification of the positions and, accordingly, to determine the remuneration of public officials and employees is based on objective criteria, and positions traditionally occupied by women are not undervalued and therefore classified at a lower level in comparison to those traditionally held by men.

Article 2(2)(c). Application by means of collective agreements. The Committee notes the Government’s indication that in Latvia, the majority of collective agreements are concluded at the level of the enterprise. The Committee understands from the examples mentioned that if some agreements contain provisions prohibiting discrimination, none of them provide expressly for the principle of equal remuneration for work of equal value. According to the Government’s report, the Latvian Free Trade Union Association (LFTUA) recommends the inclusion in collective agreements of measures to improve women’s training as well as measures to reconcile work and family responsibilities such as flexible working time for women or paid additional leave, with a view to reducing wage inequalities. The Committee recalls that in discussing equal remuneration, the overall societal context of equality and non-discrimination cannot be ignored, and needs to be addressed, and if measures to reconcile work and family responsibilities are important in this context, it is essential that such measures are made available to both men and women on an equal footing. The Committee once again asks the Government, in cooperation with the social partners, to promote the inclusion of the principle of equal remuneration for men and women for work of equal value in collective agreements, and to provide information in this regard, including on any measures envisaged to reconcile work and family responsibilities.

Article 3. Objective job evaluation. Recalling that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs, the Committee asks the Government, in cooperation with workers’ and employers’ organizations, to promote, develop and implement practical approaches and methods for the objective evaluation of jobs with a view to effectively applying the principle of equal remuneration for men and women for work of equal value in the public and private sectors. Please provide information on steps taken in this regard.

Article 4. Cooperation with social partners. The Committee welcomes the initiatives taken by the LFTUA with respect to gender equality, including equal remuneration, such as the publication and dissemination of information, and the organization of a meeting with the Employers’ Confederation of Latvia to discuss wage inequalities. The Government indicates that the Gender Equality Committee had a significant role in the recommendations for balancing the number of men and women in education with a view to reduce gender gaps. The report also indicates that issues of remuneration, including equal remuneration for work of equal value, are examined by the Labour Affairs Tripartite Cooperation Sub council of the National Tripartite Cooperation Council (LATCS). The Committee asks the Government to provide information on any initiatives undertaken by the social partners, within the Gender Equality Committee or the LATCS or otherwise, to promote specifically the principle of equal remuneration between men and women for work of equal value.

Parts III and IV of the report form. Enforcement. The Committee welcomes the amendment of section 60 extending from one to three months the period during which a worker can bring a claim for equal remuneration before a court. The Government indicates that, from 1 July 2011 to 30 June 2012, no such claims have been submitted to the courts and no violations of equal remuneration provisions have been detected by the State Labour Inspectorate. It also indicates that the Ombudsperson has examined two cases of non-compliance with equal remuneration provisions. Noting this information, the Committee would like to point out that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee asks the Government to take measures to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of unequal pay, and also to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. In this respect, the Committee asks the Government to provide information on the measures taken and on the impact of the amendment to section 60 of the Labour Law on the number of judicial claims for equal remuneration dealt with by the courts. Please continue to provide information on the number, nature and outcome of complaints of equal remuneration addressed by the judicial and administrative bodies.