Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Equal Remuneration Convention, 1951 (No. 100) - Republic of Moldova (Ratification: 2000)

Articles 1 and 2 of the Convention. Gender wage gap and occupational segregation. The Committee notes from the Government’s report that the overall gender wage gap (monthly wage) in 2011 was 12.2 per cent, and that greater wage disparities persisted in certain sectors, particularly in the financial sector (29.4 per cent). With regard to measures taken to address occupational segregation under the National Programme for Ensuring Gender Equality (2010–15), the Government indicates that the National Agency for Employment organizes courses for jobseekers in a variety of subjects with a view to promoting non-traditional occupations for women and men. The Government indicates that within higher education, women are most underrepresented in security and safety (9.4 per cent) and engineering (13.5 per cent). It also indicates that the “days of open doors” programme encourages girls and boys within vocational schools and other specialized secondary institutions to participate in less traditional areas of work. Information and awareness campaigns have been organized, particularly in rural areas, regarding the rights and opportunities of men and women in the labour market. The Committee asks the Government to continue to take measures to address occupational gender segregation, including within the framework of the National Programme for Ensuring Gender Equality, and to provide information on the results thereof. The Committee also asks the Government to continue to provide statistical information, disaggregated by sex, on workers’ levels of remuneration across sectors and occupation, including in higher level positions.

Article 1(a). Definition of remuneration. Legislation. The Committee recalls that section 10(2)(g) of the Labour Code obliges employers to provide equal payments for work of equal value, and that section 128 prohibits discrimination on the basis of sex in the payment of wages. The Committee asks the Government to clarify whether the term “payments” in section 10(2)(g) of the Labour Code, and the term “wages” in section 128, as well as the term “remuneration” in section 7(2)(d) of Law No. 121 of 25 May 2012 on Ensuring Equality cover all elements of remuneration as defined in Article 1(a) of the Convention, and provide information on any judicial or administrative decisions in this regard.

Article 2. Work of equal value. The Committee recalls that section 10(3)(c) of Law No. 5-XVI of 9 February 2006 on Equal Opportunities between Men and Women requires employers to provide equal remuneration for work of equal value, and that according to section 11(1)(e) it is discriminatory for an employer to apply different conditions of remuneration based on sex for the performance of work of equal value. The Committee notes however that section 7(2)(d) of the Law No. 121 specifies that it is discriminatory for an employer to pay “unequal remuneration for the same type and/or amount of work”. Recalling that the concept of “work of equal value” goes beyond the same type of work, the Committee asks the Government to revise section 7(2)(d) of the Law No. 121 with a view to harmonizing it with the Law No. 5-XVI of 2006 on Equal Opportunities between Men and Women, so as to give full legislative expression to the principle of equal remuneration for work of equal value and avoid any legal uncertainty when applying such principle. Please provide information on the practical application of section 7(2)(d) of Law No. 121, including any judicial or administrative decisions in relation to the Convention.

Articles 2 and 4. Minimum wages and cooperation with the social partners. The Committee notes the examples of collective agreements provided by the Government which set minimum wages by sectoral activity but which make no reference to the principle of the Convention. It also notes from the Government’s report that the minimum wage system includes several minimum wage levels for different categories of employees. The Government also states that payroll categories are assigned based on the level of qualification, training and seniority, without regard to sex, and that the monthly average salary of a woman is lower than that of a man not because of discrimination, but because women usually hold positions with a lower payroll level. The Committee recalls that jobs held predominantly by women tend to be undervalued when determining wage rates due to historical attitudes and gender stereotypes (see General Survey on the fundamental Conventions, 2012, paragraph 673). In this regard, the Committee notes the Government’s indication that in cases where businesses do not establish clear criteria for wage setting, gender may have an effect on the salary level which an employee receives. The Committee therefore asks the Government to provide information on how it is ensured that the setting of wages for different payroll levels is free from gender bias so that the work performed in lower payroll levels is not undervalued because it is predominantly done by women. The Committee reiterates its request for information on how collective agreements setting minimum wages apply the principle of the Convention, and on the number of men and women who are covered by these collective agreements.

Article 3. Objective job evaluation. The Government indicates that non-tariff systems were legalized through the Law on Wages, under which salaries are distributed based on individual professional performance. With regard to civil servants, the Government indicates that a performance appraisal system was developed and implemented for assessing individual professional performance based on activity results and a new payroll system based on grading functions. The Committee recalls that objective job evaluation under Article 3 of the Convention differs from performance appraisal, as objective job evaluation aims to measure the relative value of jobs with different content on the basis of the work to be performed, while performance appraisal evaluates the performance of an individual worker (see General Survey, 2012, paragraph 696). The Committee asks the Government to provide information on measures taken to adopt and apply objective job evaluation methods with a view to effectively applying the principle of equal remuneration for men and women for work of equal value.

Enforcement. The Government indicates that in 2013 there were no applications to courts which related to the principle of the Convention. The Committee recalls that the absence of complaints regarding unequal remuneration is likely to indicate 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 (see General Survey, 2012, paragraph 870). The Committee asks the Government to indicate any steps taken or envisaged to raise awareness of the principle of equal remuneration for men and women for work of equal value, including the relevant legislation and complaints procedures, among workers and employers and their organizations. Please also provide information on the number, nature and outcome of cases in relation to the principle of the Convention.