Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that for many years now it has drawn the Government’s attention to the fact that the principle of equal remuneration for men and women for work of equal “value” is not properly reflected in the legislation. Neither the Labour Law, nor the Law on the Public Service entitle workers to equal remuneration for work that is entirely different but nonetheless of equal “value”. The Committee notes with regret the Government’s reiterated statement that the equal remuneration principle is included in both pieces of legislation. The Committee recalls the discussion held by the Conference Committee on the Application of Standards when reviewing the application of the Convention by Georgia at its 107th Session (June 2018) and the adoption of a set of conclusions. Once again, the Committee urges the Government to: (i) 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; and (ii) 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. The Committee notes the Government’s indication that in 2021 Georgia joined the Equal Pay International Coalition (EPIC) and that the renewed State Concept on Gender Equality representing the country’s vision for eliminating all forms of gender discrimination and ensuring gender equality in the civil, political, economic, social, and cultural spheres, both in public and private relations was adopted on December 2022. It further notes that the National Concept Document on Women’s Economic Empowerment was adopted on March 2023, as part of the Human Rights National Strategy’s Action Plan. It proposes seven directions, including: acknowledging, reducing, and distributing unpaid and care work; equal access to economic resources; improving public sector procurement and employment practices; improving employment practices in the private sector; reducing shadow economy and supporting a smooth transfer in the formal sector; strengthening the gender-sensitive legal framework, and combating contradictory social norms. The Committee notes that a subsequent 2022-2024 Action Plan and communication strategy was developed, and welcomes the information provided in the reports regarding the implementation and the impacts of previous action plans. The Committee notes that the Civil Service Bureau started a Gender Impact Assessment of the Civil Service Law to reveal gender inequities in professional development, work-life balance, and pay gaps. It notes that wages and pay arrangements within civil service will be analysed to find and address gender discrimination. The Committee notes the information provided by the Government about the Working Group created to conduct a thematic inquiry on the rights of women in the informal economy and the COVID-19 impact, which included 29 recommendations. The Committee takes note of the Government’s efforts. However, from the statistical data provided, it observes that in most sectors of activity there has been little to no improvement in reducing the gender pay gap. The Committee further notes the concerns of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) about the widening gender pay gap, despite economic and income growth in the State party, which unevenly benefits women; and its recommendations to regularly review wages in sectors in which women are concentrated and adopt measures to close the gender pay gap, including regular pay surveys, and consider raising the minimum wage fixed in 1999 (CEDAW/C/GEO/CO/6, 2 March 2023, paragraphs 35–36). Given the persisting horizontal and vertical segregation prevailing in the country, the Committee requests the Government to: (i) step up its efforts to address the underlying causes of inequalities in remuneration such as occupational gender segregation into lower-paying jobs or occupations or positions without career opportunities, including through targeted vocational training, occupational quotas, incentives and awareness-raising activities; (ii) provide detailed information on specific measures taken under the framework of the Equal Pay International Coalition, the State Concept on Gender Equality, the National Concept Document on Women’s Economic Empowerment and the associated 2022-2024 Action Plan and Communications Strategy, and the Thematic Inquiry on the rights of women in the informal economy and the COVID-19 impact; (iii) provide a summary of the findings from the Gender Impact Assessment of the Civil Service Law, and any measures taken or envisioned in this regard; and (iv) continue to provide statistical data on the number of men and women employed, disaggregated by economic sector and occupational level.

Enforcement. The Committee notes that with the 2020 amendment to the Labour Code, the Labour Inspection’s mandate was extended to enforce the prohibition of discrimination, and that section 78 of the Labour Code establishes sanctions for violating the provision of equal remuneration for equal work, including a warning, or a fine. It notes, however, that the Labour Inspection in 2021-2022 undertook 5,295 inspections at 2,767 worksites and no violations regarding equal remuneration were found. The Committee notes that from 2019 to 2022, 5 trainings were held on discrimination, international labour standards and the Labour Code, with 54 judges and 34 officials attending the trainings, but that no specific information was provided on the equal pay aspect of the trainings. The Committee notes the general indication of the Government that awareness-raising activities, information campaigns, and other measures were undertaken during the reporting period, and that between 2021 and 2022 the Labour Inspection held 215 meetings with employees, employers and the representatives of employers and employee organizations, where information related to equal remuneration was disseminated. Noting the Government’s information according to which the courts have reported no cases regarding equal pay between men and women, the Committee recalls that when no cases or complaints are being lodged it is likely to indicate a 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 of 2012 on the fundamental Conventions, paragraph 870). The Committee asks the Government to provide information on: (i) its efforts to train and raise awareness, not only of labour inspectors but also of judges, lawyers, public officials, workers, employers and their organizations, as well as the public, on the principle of the Convention; (ii) the different complaint mechanisms available; and (iii) any studies or information gathered on the practicability and accessibility of substantive and procedural provisions which allow claims to be brought. The Committee further asks the Government to provide information on decisions handed down by the competent authorities or bodies about the application of the principle of the Convention.

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