Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee takes note of the observations of the Georgian Trade Union Confederation (GTUC) received on 6 October 2020, reiterating its observations received on 30 September 2019, which address issues related to the application of the Convention.

Articles 1 and 2 of the Convention. Legislation. Recalling that the principle of equal remuneration for men and women for work of equal value is not properly reflected in the legislation, the Committee previously welcomed the Government’s indication that the Ministry of Labour, Health and Social Affairs was working on amending the labour legislation to implement Directive 2006/54/EC of 5 July 2006, which provides that, for the same work or for work of equal value, direct and indirect discrimination on the grounds of sex with regard to all aspects and conditions of remuneration must be eliminated. It encouraged the Government to ensure that labour legislation 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 without delay. It also urged 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. The Committee notes, from the Government’s report, the adoption of amendments to the labour legislation in 2019 and in September 2020. It notes with regret that the Government did not use these opportunities to include a provision giving full legislative expression to the principle of the Convention. The Committee notes the Government’s indication that the new National Strategy of Labour Market and Employment Policy 2019–2023 contains an action plan to ensure that both, at the legislative and practical levels, employees receive equal remuneration for “equally valuable work”. Recalling that section 57(1) of the Law on the Public Service 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”, the Committee notes that the Government considers this provision to be in line with the principle of the Convention as coefficients are determined not only on the similarity of functions but also on responsibility, complexity, relevant competencies, qualifications and work experience which, according to the Government, implies the evaluation of the value of the work. Despite the Government’s reassurance, the Committee recalls that when legal provisions are narrower than the principle laid down in the Convention and do not expressly include the concept of “work of equal value”, such provisions hinder progress in eradicating gender-based pay discrimination (see General Survey on the Fundamental Conventions, 2012, paragraphs 676–679). Recalling that the Convention has been ratified in 1993, the Committee once again urges the Government to amend the labour legislation, in cooperation with the social partners and the Council for Gender Equality, in order 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 without delay. Noting the Government’s reiterated statement that it intends to submit legislative proposals to the Parliament implementing Directive 2006/54/EC of 5 July 2006, the Committee requests the Government to provide information on any progress made in this regard. Furthermore, regarding the public sector, the Committee once again 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. The Government is requested to provide information on the progress achieved in this regard.

Article 2. Measures to address the gender pay gap and promote equal remuneration. In its previous comment, the Committee requested the Government to provide information on: (1) the measures taken or envisaged directly aimed at reducing the gender pay gap (encouraging the Government to continue its efforts in identifying and addressing the underlying causes of inequalities in remuneration and to promote women’s access to a wider range of job opportunities at all levels); (2) the awareness-raising activities undertaken to promote equal remuneration for work of equal value; and (3) statistical data on men’s and women’s monthly and hourly wages and additional allowances, by economic sector, as well as data on the number of men and women employed in these sectors. The Committee notes the Government’s indication that the Gender Equality Council is working on the elaboration of a methodology to calculate the gender pay gap and decrease inequality. It also notes the data provided by the Government on the average monthly earnings by occupation for 2017 and by sector of activity for 2016, 2017 and 2018. From this information, the Committee notes that in most sectors of activity, there has been no improvement in reducing the gender pay gap between 2016 and 2018, and that it remains high in nearly all sectors of activity. In particular, it notes that in 2018, in financial and insurance activities, men earned on average significantly more than women (men earned 3,461 Georgian lari (GEL) while women earned GEL1,498). The Committee notes, from the GTUC’s observations, that the gender pay gap can be explained by horizontal and vertical gender segregation, as well as by the strong gender stereotypes, the unequal division of unpaid agricultural and domestic work, and the lack of gender-responsive services and programmes. The GTUC alleges that although there is almost no gap between male and female educational attainment, only 52.9 per cent of women are reportedly employed compared to 67.1 per cent of men. The Committee also notes the GTUC’s observation that, according to a survey conducted by the Centre for Social Studies, gender disparities also exist in the receipt of benefits and other wage components: 66 per cent of men (eligible for bonuses/compensations) got bonuses, compared to 34 per cent of women; and 60 per cent of men got premiums, compared to 41 per cent of women. Given the persisting horizontal and vertical segregation prevailing in the country, the Committee asks the Government to step up its efforts to identify and properly 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. Noting the lack of information provided in this regard, the Committee reiterates its request that the Government provide information on the specific measures taken or envisaged in the framework of the State Concept on Gender Equality and the Gender Equality Council Action Plan 2018–20 directly aimed at reducing the gender pay gap. Such measures may include, for example, undertaking sensitization programmes and awareness-raising activities to overcome traditional stereotypes regarding the role of women in society or adopting measures on shared parental leave, and affordable and available childcare services. The Committee further requests the Government to provide information on any awareness-raising activities undertaken to promote equal remuneration for men and women for work of equal value, including with respect to bonuses, premiums and other additional wage allowances. Finally, the Government is requested 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 requested the Government: (1) to enhance the capacity of the competent authorities to identify and address cases of pay inequalities between men and women for work of equal value; (2) to examine whether the applicable substantive and procedural provisions, in practice, allowed claims to be brought successfully; (3) to provide information on the effective enforcement of the principle of the Convention in practice; and (4) to provide information on relevant decisions handed down by the courts or other competent bodies, as well as any cases regarding unequal remuneration handled by the Office of the Public Defender. It notes the Government’s commitment to re-establishing a fully-fledged labour inspectorate. In this regard, it notes with interest the adoption, in September 2020, of a new Labour Inspection Law. The Committee also notes the Government’s statement that in February 2019, a new law was adopted on occupational safety and health and that the law extends the mandate of labour inspectors, enabling them to conduct unannounced inspections in enterprises in all economic sectors and to impose sanctions on identified violations. The Committee further notes the Government’s indication that the number of labour inspectors was brought to 40 and would be increased to 100 during 2019–2020. The Government indicates that three trainings were provided to a total of 47 judges on the topic of “International labour standards and the Labour Code”, and one training on the same topic was held for 15 court officials. The Committee asks the Government to provide information on the activities of the labour inspectorate and its findings with regard to the application in practice of equal remuneration for men and women. The Committee also asks the Government to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. The Committee further asks the Government to take concrete steps to ensure the effective enforcement of the principle of the Convention in practice, for example through training activities of the labour inspectorate, as well as of judges and other public officials, related specifically to the principle of equal remuneration between men and women for work of equal value. The Committee also asks the Government to provide information on: (i) the content and duration of any training for the 47 judges that addressed the language and application in practice of the principle of equal remuneration for men and women; (ii) decisions handed down by the courts or other competent bodies with regard to the application of the principle of the Convention; and (iii) any cases regarding unequal remuneration handled by the Office of the Public Defender.

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