Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Equal Remuneration Convention, 1951 (No. 100) - Georgia (Ratification: 1993)

The Committee notes the observations, dated 26 September 2014, 2 March 2015 and 3 October 2016, from the Georgian Trade Unions Confederation (GTUC) which address similar issues related to the application of the Convention, as well as the response from the Government, dated 20 November 2015 and 16 December 2016.

Articles 1 and 2 of the Convention. Legislation. Since 2002, the Committee has been raising concerns regarding the absence of legislation giving full expression to the principle of equal remuneration for men and women for work of equal value. The Committee recalls that section 2(3) of the Labour Code of 2006, only contains a general prohibition of discrimination in labour relations and that the Law on Gender Equality of 2010 prohibits discrimination (section 6) and provides that “equality in evaluating the quality of work performed by women and men shall be maintained without discrimination” (section 4(2)(i)). The Committee notes with regret that the Government continues to refer to the existing equality provisions in the Constitution, the Labour Code and the Law on Gender Equality, and does not indicate whether any consideration is being given, in consultation with the social partners, to reviewing these provisions with a view to giving full legal expression to the principle of equal remuneration for men and women for work of equal value. The Committee further notes that the Law on the Elimination of All Forms of Discrimination, adopted on 2 May 2014, while including a general prohibition of discrimination based on sex, does not refer to the principle of equal remuneration for work of equal value. Furthermore, the Committee notes that section 57(1) of the Law on the Public Service adopted on 27 October 2015 provides that the system of remuneration for public officials is based on the “principles of transparency and fairness, which means the implementation of equal pay for equal work”, which is narrower than the principle of the Convention. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. It permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see the General Survey on the fundamental Conventions, 2012, paragraphs 672–679). The Committee notes the Government’s indication that the “State Strategy of Labour Market Formation and its Implementation Action Plan 2015–18” includes amending the Labour Code to bring its provisions into compliance with international labour standards, and that the GTUC reaffirms the need to give full expression to the principle of equal remuneration for men and women for work of equal value in the legislation.  The Committee urges the Government to take without delay concrete steps, in cooperation with the social partners and the Council for Gender Equality, to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, with a view to ensuring the full and effective implementation of the Convention. It also urges the Government to take the necessary steps to amend section 57(1) of the Law on the Public Service 2015 to capture the concept of “work of equal value” so as to ensure that public officials covered by the Law are entitled not only to equal remuneration for equal work, but also for work that is entirely different but nonetheless of equal value, and to report on the progress made in this regard.

Article 2. Measures to address the gender pay gap and promote equal remuneration. The Committee recalls the significant differences in average monthly nominal wages of men and women indicating a gender wage gap of 37.7 per cent (first quarter of 2013). The Committee notes the statistics provided by the Government in its report on the average monthly salaries of men and women in 2014 indicating a persistent overall gender wage gap of 36.9 per cent (which is a slight decrease compared to 2013). The statistics point to substantial nominal monthly wage differences in favour of men, with a very high gender wage gap of over 40 per cent in the finance sector, and a gender wage gap amounting to close to 30 per cent or over 35 per cent in a number of sectors including fishing, mining and quarrying, manufacturing, wholesale and retail and hotel and restaurant sectors, as well as in health and social work and other community, social and personal service activities. The Committee notes that in its communication, the GTUC reiterates that a substantial gender gap in average monthly nominal wages exists in every sector of the labour market, including in female-dominated sectors such as education and health care. Referring to a study of the Bureau of Statistics, the GTUC also indicates that inequality exists with respect to the average salary distribution among men and women even with similar levels of education. According to the GTUC, such pay differences may be due to occupational gender segregation, as well as to the fact that men are primarily employed in the private sector whereas women are more evenly distributed across both private and public sectors. The GTUC further indicates that the study of the Bureau of Statistics found substantial gender disparities with regard to benefits and other wage components, and states that some of these could be partly explained by occupational gender segregation but may also be due to gender discrimination. The study found that 66 per cent of the male respondents (who were eligible) received bonuses, compared to only 34 per cent of the female respondents; 60 per cent of the men received premiums compared to 41 per cent of the women. Furthermore, 67 per cent of the men and only 33 per cent of the women claimed to have health insurance provided by the employer. With regard to measures taken to address the gender pay gap, the Committee notes the Government’s indication that the 2014–16 National Action Plan on Gender Equality, adopted in January 2014, aims, inter alia, to promote gender equality in the economic sphere. The Government also reports that it has strengthened its institutional mechanisms on gender equality at the executive level, including through the setting up of an Inter-Ministerial Commission on Gender Equality and Women’s Empowerment in September 2015. In addition, in 2014, an Interagency Coordinating Council for the Government’s Action Plan on the Protection of Human Rights (2014–15) was set up for an indefinite period. The Committee notes that the Action Plan refers to gender equality, women’s empowerment and their rights (Chapter 14) and to the protection of labour rights in accordance with international standards (Chapter 21). Noting however that no further information has been provided on the specific measures taken, including in the context of these mechanisms and the National Action Plan on Gender Equality, to reduce the gender pay gap and address its underlying causes, the Committee urges the Government to take measures without delay to identify and address the underlying causes of inequalities in remuneration, such as gender discrimination, gender stereotypes, and occupational segregation and to promote women’s access to a wider range of job opportunities at all levels, including top management positions and higher paying jobs. The Committee also asks the Government to provide information on any awareness-raising activities undertaken in cooperation with the employers’ and workers’ organizations to promote equal remuneration for work of equal value, including with respect to additional bonuses, premiums and other additional wage allowances. The Government is also asked to continue to provide statistical data on men’s and women’s monthly and hourly wages and additional allowances, according to economic sector, as well as data on the number of men and women employed in these sectors.

Enforcement. The Committee previously noted with concern the Government’s indication that further to the abolition of the Labour Inspection Service in 2006, there was no longer a labour supervisory body. The Committee notes the Government’s reply that a National Programme for Monitoring Labour Conditions was approved by Ordinance No. 38 of 5 February 2015 and that by Ordinance No. 81 of 2 March 2015 a Department of Inspection of Labour Conditions was set up within the Ministry of Labour, Health and Social Affairs. The Department aims to develop the relevant legal framework to inspect safety conditions and review safety-related complaints, and propose recommendations. While noting the Government’s indication that the Department of Inspection of Labour Conditions can also develop appropriate recommendations to prevent cases of discrimination and raise awareness, the Committee notes that the National Programme and the responsibilities of the Department of Inspection of Labour Conditions primarily focus on promoting and ensuring a safe and healthy work environment. The Committee notes the observations by the GTUC about the lack of an adequate and effective enforcement mechanism to ensure the practical application of the principle of equal remuneration for men and women for work of equal value. The Committee further notes that the Office of the Public Defender has indicated that the Labour Code should be amended to address the non-binding character of recommendations made by the inspection services. The Committee once again stresses the need to put in place adequate and effective enforcement mechanisms to ensure that the principle of equal remuneration for men and women for work of equal value is applied in practice, and to allow workers to avail themselves of their rights. The Committee asks the Government to provide information on the manner in which it ensures the effective enforcement of the principle of the Convention, including on any activities of the Department of Inspection of Labour Conditions in this regard. The Committee also asks the Government to take steps to raise awareness among workers, employers and their organizations of the laws and procedures available, and to strengthen the capacity of judges, labour officials or other competent authorities to detect and address pay inequalities between men and women for work of equal value. The Government is also asked to continue to provide any information on decisions handed down by the courts or other competent bodies with regard to this issue, as well as any cases regarding unequal remuneration handled by the Office of the Public Defender, which is mandated to examine complaints of sex discrimination and make recommendations.

The Committee is raising other matters in a request addressed directly to the Government.