Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Article 2 of the Convention. Promotion of the principle in the public service. Legislation and application in practice. In its previous comments, the Committee noted the ongoing reform in the public service, with the recent adoption of a new Law on the Public Service (2015) and the discussion of a draft Law on Labour Remuneration in Public Institutions to change the existing system of remuneration in the public service. It therefore requested the Government to provide detailed information on the new remuneration system and, in particular, on how the principle of equal remuneration for work of equal value was taken into account in the development of the new remuneration system. The Committee notes the Government’s indication, in its report, that the new Law on Public Service (2015) entered into force in July 2017. It also notes the Government’s statement that section 3 of the Law on Remuneration in Public Institutions (which came into force in January 2018) sets out the principle of equality and transparency of the remuneration system, and that this implies “equal pay for the performance of equal job” rather than work of equal value – despite the Committee’s previous indication that this wording is narrower than the principle of the Convention. In that context, the Committee is bound to reiterate its previous explanation that the concept of “work of equal value” enshrined in the Convention 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 2012 General Survey on the fundamental Conventions, paragraphs 672–679). The Committee therefore requests the Government to clarify if the new Law on Remuneration in Public Institutions provides for equal remuneration for work of equal value between men and women or merely for equal work, and to provide a copy of the Law in one of the ILO’s official languages. Once again, the Government is requested to provide statistics disaggregated by sex, on the distribution of men and women in the various grades and occupations to allow the Committee to assess how the principle of the Convention is applied in practice.

Article 3. Objective job evaluation. The Committee notes that although the Government indicates that the Ministry of Finance elaborated the coefficients and calculations applied in the new remuneration system contained in the Law on Remuneration in Public Institutions, it does not provide details of the method used to classify jobs in the public service. The Committee recalls that, whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see 2012 General Survey, paragraph 701). The Committee therefore requests the Government to provide detailed information on the method used for the elaboration of the new remuneration system in the public service, including on how the coefficients and calculations were elaborated by the Ministry of Finance, and how it is ensured that this new job classification system is free from gender bias. Noting the absence of information provided in this regard, the Committee reiterates its request that the Government take concrete steps in order to promote the use of objective job evaluation or develop such method in the private sector, and to provide information concerning training for those who undertake job evaluations.

Article 4. Cooperation with workers’ and employers’ organizations. In its previous comments, the Committee noted that a meeting of the Tripartite Commission for Social Partnership, held in April 2016, discussed and adopted the 2016–17 Strategic Plan on the Activities of the Tripartite Social Partnership Commission. The Plan envisaged the development of legislative initiatives to amend the Labour Code and their submission to the Government for approval. On 26 June 2016, a round table was organized by the ILO where the social partners presented recommendations on draft amendments to the Labour Code. A working group was also set up within the framework of the Commission to discuss issues provided by the Strategic Plan. The Committee notes the information provided by the Government according to which the Tripartite Social Partnership Commission for Social Partnership adopted a new Action Plan 2018–19 and that it started active discussions on the concrete and specific requirements to comply with ratified ILO Conventions. In this regard, the Government indicates that it is in the process of amending the relevant labour legislation, in consultation with the social partners, to give full legislative expression to the principle of the Convention. While taking due note of this information, the Committee notes the lack of information provided with regard to the specific activities undertaken under the 2016–17 Action Plan, as well as on the results achieved. The Committee therefore requests the Government to provide detailed information on the specific activities undertaken by the Tripartite Commission for Social Partnership to promote the principle of the Convention, including activities related to the amendment of the Labour Code to include the principle of equal remuneration for men and women for work of equal value and, going forward, to undertake an assessment of the results achieved and to provide information in this regard. Further, the Committee once again requests the Government to provide information on any other steps taken to seek collaboration between workers’ and employers’ organizations to give full effect to the Convention.