Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Equal Remuneration Convention, 1951 (No. 100) - Ukraine (Ratification: 1956)

The Committee takes note of the observations of the Confederation of Free Trade Unions of Ukraine (KVPU) received on 25 August 2021 and the observations of the Federation of Trade Unions of Ukraine (FPU) received on 2 September 2021. The Committee requests the Government to provide its comments on the observations of the FPU.

Articles 1–4 of the Convention. Gender pay gap and its underlying causes, including occupational gender segregation. In its previous comment, the Committee asked the Government to continue its efforts to reduce the gender pay gap and to provide information on any activities undertaken and the results achieved in this respect as well as statistical data on the wages and salary levels of men and women. In its report, the Government indicates that Ukraine joined two leading international initiatives, the Biarritz Partnership for Gender Equality and the Equal Pay International Coalition (EPIC). In this context, the Government approved the plan of action to implement the commitments accepted within the framework of the Biarritz Partnership. According to this plan, the reduction in the gender pay gap shall be achieved by: (1) ensuring that Ukraine meets the relevant criteria for engagement with EPIC; and (2) adopting and implementing a national strategy to reduce the gender pay gap for the period up to 2023 and a draft plan to measure its implementation, that would include specific measures to increase pay transparency. Since Ukraine joined the EPIC, additional efforts have been made towards the adoption of new laws, policies, and measures in line with EPIC’s criterion regarding work–family reconciliation or increase in the representation of women in companies’ boards. In this regard, the Government refers to the adoption of Act No. 1401-IX, dated 15 April 2021 on the introduction of several legislative acts to ensure equal opportunities for mothers and fathers to care for a child. In addition, the Government indicates that it is working on the implementation of the 2013 OECD Council on Gender Equality in Education, Employment and Entrepreneurship and the 2015 Recommendation of the OECD Council on Gender Equality in Public Life.

In its observations, the KVPU stresses that the wage disparity between men and women is primarily caused by high levels of gender segregation in the labour market and hopes that the successive modifications of the legislation and ongoing efforts to remove restrictions on the employment of women in certain sectors or occupations will improve the situation. In this regard, the Committee also notes that high levels of occupational gender segregation (horizontal and vertical) are also pointed out in the report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report) and the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights (CESCR) (Beijing +25 national report, pages 11–12; and E/C.12/UKR/CO/7, 2 April 2020, paragraph 19).

With regard to the collection of statistical information, the Government indicates that the State statistics service collects and publishes statistics on wages in various sectors of the economy, disaggregated by sex. It underlines that, over the course of 2020 and the first quarter of 2021, the gender pay gap in Ukraine showed a steady downward trend: for 2019, it was 22.8 per cent compared to 20.5 per cent at the end of 2020 and 17.8 per cent for the first semester of 2021. Furthermore, a reduction was recorded across almost all types of economic activity. According to the Government, one of the factors that reduced the gender pay gap in that period was a significant increase in the minimum wage.

Noting the persisting significant gender pay gap in the country and its recent trend downwards, the Committee asks the Government : (i) to intensify its efforts towards reducing the gender pay gap and to provide information on the measures adopted to this end, including as a result of the technical assistance received from the ILO, in the context of EPIC or in the framework of the Biarritz Partnership or otherwise, as well as on the impact of these measures; and (ii) to provide detailed information regarding the planned adoption of a national strategy and a draft plan to reduce the gender pay gap and, if applicable, on their content, implementation and results. Noting the persistence of high levels of occupational gender segregation, the Committee also asks the Government to take steps to address this issue and refers in this regard to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). As no information was provided by the Government in this regard, the Committee also asks it to provide detailed statistics on the wages and salary levels of men and women, by sector of economic activity and, if possible, occupational category, as well as any information or survey available on the gender pay gap.

Articles 1(b) and 2. Equal remuneration for men and women for work of equal value. Legislation. In its previous comment, the Committee requested the Government to indicate the measures taken to amend section 17 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men (2005) which requires employers “to pay equally for the work of women and men with the same qualification and the same working conditions”, to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information of the application of this section in practice. The Committee recalls that there are no provisions in the current Labour Code reflecting the principle of the Convention. With respect to the draft labour code, the Committee notes the Government’s indication that it was not registered with the Parliament and that the draft Labour Act No. 2708 that had been registered with Parliament was subsequently withdrawn. The Government also indicates that it is currently developing a draft law on the introduction of amendments to several acts relating to the application of the principle of equal remuneration for work of equal value. In its observations, the KVPU states that the current legislation does not contain a provision that would enshrine the principle of the Convention. While taking note of the development of a draft law, the Committee stresses once again that legal provisions narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination. The legislation should not only provide for equal remuneration for equal, same or similar work, but also address situations where men and women perform different work that is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 679). The Committee therefore once again requests the Government to take steps without delay to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee asks the Government to take the necessary steps to modify accordingly section 17 of the Law on Ensuring Equal Rights and Opportunities of Women and Men (2005) and seize the opportunity of the labour law reform to include provisions reflecting the principle of the Convention in the future labour code. It asks the Government to continue to provide information on any legislative developments regarding the labour law reform. Noting that the Government did not include such information in its report, the Committee also once again asks the Government to provide details on the application in practice of section 17 of the above law, including on the number of cases brought before the competent authorities and their outcome (compensation granted, sanctions imposed and remedies granted).

Article 3. Objective job evaluation. In its previous comments, the Committee had requested the Government to take specific measures to promote the use of objective job evaluation methods free from gender bias in the public and private sectors, with a view to ensuring the establishment of wages and salary scales in accordance with the principle of equal remuneration for men and women for work of equal value. The Committee takes note of the Government’s indication that the draft plan of measures to implement the draft national strategy to reduce the gender pay gap provides for the development, adoption, and implementation of a gender-neutral methodology for assessing work. It would introduce new criteria to compare jobs, such as skills, effort, working conditions and responsibility. Furthermore, the Government specifies that, in 2021, the Confederation of Employers of Ukraine developed and published an employers’ guide to gender equality and non-discrimination covering matters related to remuneration. In its observations, the KVPU indicates that measures to promote objective job evaluation on the basis of the work performed are lacking in the legislation and are not implemented in collective agreements. The Committee therefore asks the Government to take steps towards the development, adoption and implementation of a gender-neutral objective job evaluation method, in the context of the adoption of the draft national strategy and plan to reduce the gender pay gap or otherwise. It specifically asks the Government to promote the use of objective job evaluation methods, free from gender bias, in the establishment of wages and salary scales in the private and the public sectors, including when determining remuneration in collective agreements. The Committee once again encourages the Government to seek ILO technical assistance in this regard.

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

[The Government is asked to reply in full to the present comments in 2023.]