Equal Remuneration Convention, 1951 (No. 100) - Albania (Ratification: 1957)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1 and 2 of the Convention. Addressing the gender pay gap and its underlying causes. Further to its previous comment, the Committee notes the Government’s indication in its report that there is no gender pay gap in the public sector, as salaries are determined for the job position and are not based on gender. In this regard, the Committee would like to recall that pay inequalities or gender bias may result from pay scales themselves, even if they apply without distinction to male and female civil servants. When these pay scales are established, certain criteria used to evaluate and classify duties may be overvalued and favour male workers, such as physical effort, while others relating to traditionally “female” occupations, such as care work, are generally undervalued. Where tasks are largely performed by women, their frequent undervaluation results in an undervaluation of the posts in question and consequent pay inequalities to the detriment of women. Pay inequalities in the public sector may also result from unequal access for men and women to allowances, bonuses or other advantages. With respect to the private sector, the Government indicates that, according to the Evaluation Report of the National Strategy for Gender Equality (NSGE) for 2016-20, in 2020, the gender pay gap amounted to 10.1 per cent (with men being paid more than women on average) and decreased by 0.6 percentage point compared with the previous year. In 2019, the gender pay gap was highest in the manufacturing sector, where it reached 24.6 per cent, and lowest in the construction sector. By occupation, the Government indicates that the gender pay gap is highest for craftsmen, and equipment and machinery assembly workers (24.2 per cent) and lowest for the armed forces (3.0 per cent). The Committee observes that the Government reported similar figures on the gender pay gap in the National Review of the implementation of the Beijing Declaration and Platform for Action (1995) – Beijing + 25. In this report, the Government also indicated the concerns raised by the European Commission in 2018 with regard to the high proportion of women in the informal labour market, especially in the textile industries and footwear and the lack of disaggregated data on the number of women working in the informal economy (National Review for the Republic of Albania, 30 April 2019, pages 10-11). More generally, the Committee observes that the Gender Equality Index for the Republic of Albania published in 2020, concludes there are high levels of sex segregation in the labour market, with employment rates for women higher than for men in the social sectors of education, human health and social work (13.8 per cent of employed women and 3.9 per cent of employed men worked in these sectors in 2018) (page 11). In this regard, the Committee recalls that the horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower-level positions without promotion opportunities has been identified as one of the main underlying causes of pay inequality (2012 General Survey on Fundamental Conventions, paragraph 712).Noting that the gender pay gap is persistent and particularly high in certain sectors, the Committee requests the Government to provide detailed information on the measures adopted, in cooperation with workers’ and employers’ organizations, to specifically address horizontal and vertical occupational gender segregation and to increase the labour force participation rate of women in the formal labour market. Lastly, the Committee reiterates its request to the Government to provide up-to-date statistical data, disaggregated by sex, on the distribution of workers in the different sectors of the economy, by occupational category, both in the public and private sectors, specifying their corresponding remuneration levels, and data on the gender pay gap in different sectors of the economy.

Articles 1(b) and 2. Definition of work of equal value. Legislation. The Committee recalls that section 4(8) of the Gender Equality Law of 2008 and section 115(4) of the Labour Code provide for different definitions of “work of equal value” and it requested the Government to provide information on their application in practice in comparing different jobs. The Committee notes the indication by the Government that job descriptions are not usually considered under the objective criteria set in section 115(4) of the Labour Code (the nature of the work, its quality and quantity, work conditions, professional background and seniority, physical and intellectual efforts, experience and responsibility), which constitutes an obstacle to the application of the principle in practice. The Committee also notes that the Government does not specify whether any measures are envisaged to harmonize the different definitions of work of equal value provided for under the Gender Equality Law and the Labour Code. The Government also reports on the awareness-raising activities on gender equality of the State Inspectorate of Labour and Social Services (SILSS), in cooperation with the Public Procurement Agency. The SILSS has placed a particular emphasis on the apparel industry where almost 95 per cent of workers are women. An awareness campaign was organized on the protections offered under the labour legislation and inspectors distributed leaflets on this theme. However, the campaign was interrupted due to the COVID-19 pandemic. While taking note of this information, the Committee stresses in this regard that public awareness-raising is essential to address prejudices and stereotypes regarding the professional abilities and aspirations of women (2012 General Survey, paragraph 865). On the number of relevant cases, the Government indicates that in 2020, two complaints for unequal treatment were addressed to SILSS and that in both cases, it was concluded that they were not justified. In 2020, there were 9 cases filed in Court on matters of discrimination in which the Commissioner for the Protection of Discrimination was summoned as an interested party. Three of them were completed in 2020 (one complaint was partially granted and another dismissed and both cases are currently pending in appeal, and the third one was declared inadmissible). One complaint was partially granted in 2021 and the other 5 cases are still pending. The People’s Advocate did not handle specific cases related to gender equality during the reporting period, as these matters are usually dealt with by the Commissioner for the Protection of Discrimination.In view of the absence of information provided in this regard, the Committee reiterates its request to Government to indicate whether any measures are envisaged to harmonize the different definitions of work of equal value provided for under the Gender Equality Law and the Labour Code. The Committee also asks the Government to take measures to continue raising awareness among both workers and employers and their respective organizations, as well as judges and other officials responsible for ensuring the implementation of the principle set out in the Convention, and to resume the awareness-raising activities of the SILSS on equal pay for men and women for work of equal value that had been interrupted due to the COVID-19 pandemic. Lastly, the Committee asks the Government to continue to provide information on the number, nature and outcome of cases of pay discrimination, in both the private and public sectors, dealt with by the competent authorities.

National strategies and action plans. The Committee asked the Government to provide information on: (1) the activities undertaken and the results achieved under the NSGE and reduction of Gender-based violence and Domestic Violence 2011–15 (NSGE – GBV and DV 2011-2015), as well as the Action Plan for Supporting Women Entrepreneurs for 2014–20, in matters relating to the principle of equal remuneration for men and women for work of equal value; (2) the progress achieved in the adoption and implementation of the new NSGE for 2016–20 (NSGE 2016-20), as well as on any other action plan aimed at implementing the principle of the Convention: (3) whether the National Council on Gender Equality has been involved in the elaboration and implementation of such strategies and action plans. The Committee notes that the Government’s report does not contain information relating to equal remuneration. It notes however that the Government indicates that: (1) the review of the implementation of the NSGE-GBV and DV, showed an increase in the number of women, both in general and within vulnerable groups, with access to employment and vocational training programs; (2) women entrepreneurs had also been accompanied through the creation of a special support fund; (3) the NSGE Evaluation Report showed an increase in the participation of women and girls in the labour market; (4) the NSGE 2021-2030, which provides inter alia for improving the legal framework and policies that enable equal sharing of work, and unpaid family care, between men and women, is being approved; and (5) the National Council for Gender Equality (NCGE), an advisory body on state policies on gender equality, is consulted for every evaluation report and elaboration of draft strategies and plans on the matter.The Committee asks the Government to provide updated information on the elaboration and adoption of the National Strategy for Gender Equality 2021-2030, in particular on the measures envisaged with respect to equal remuneration for men and women, as well as on any other strategy or plan adopted aiming at advancing the application in practice of the principle of the Convention. The Committee also asks the Government to provide detailed information on the implementation and results of these policies relating to equal remuneration for work of equal value, including specific information on the monitoring and review mechanisms in place to measure their impact.

Article 3. Objective job evaluation. The Committee requested the Government to provide information on the method and criteria used to establish the classification of jobs and the corresponding salary scales without gender bias and to ensure that jobs largely performed by women are not undervalued in comparison with predominantly “male” jobs but evaluated objectively on the basis of the work that they involve. For the public service, the Government indicates that the civil service positions are classified according to categories, classes and the nature of the positions, in accordance with section 19 of the Law No. 152/2013 on civil servants. The nature of the institution in which the position is situated and the importance of the job position in relation to the institution’s mission are criteria used for the classification of job positions and consequently the determination of the corresponding salary category. The Committee notes that the Government does not provide information on the job evaluation methods used for the private sector. The Committee recalls that a job evaluation is a formal procedure which, through analysis of the content of jobs, gives a numerical value to each job. Analytical methods of job evaluation have been found to be the most effective where they compare and classify jobs on the basis of objective factors relating to, for example, skills/qualifications, efforts, responsibilities and working condition (2012 General Survey, paragraph 700).The Committee requests the Government to clarify whether the criteria used for the classification of job positions in the public sector are objective factors, such as skills/qualifications, efforts, responsibilities and working conditions and to clarify how the criteria of “importance of the position in relation to the institution’s mission” referred to in the Government’s report is being measured. The Committee further requests the Government to explain how it ensures that these criteria are free from gender bias. Lastly, the Committee asks the Government to provide information on any measure adopted to promote the use of objective job evaluation methods in the private sector.

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

Articles 1 and 2 of the Convention. Addressing the gender pay gap and its underlying causes. Further to its previous comment, the Committee notes the Government’s indication in its report that there is no gender pay gap in the public sector, as salaries are determined for the job position and are not based on gender. In this regard, the Committee would like to recall that pay inequalities or gender bias may result from pay scales themselves, even if they apply without distinction to male and female civil servants. When these pay scales are established, certain criteria used to evaluate and classify duties may be overvalued and favour male workers, such as physical effort, while others relating to traditionally “female” occupations, such as care work, are generally undervalued. Where tasks are largely performed by women, their frequent undervaluation results in an undervaluation of the posts in question and consequent pay inequalities to the detriment of women. Pay inequalities in the public sector may also result from unequal access for men and women to allowances, bonuses or other advantages. With respect to the private sector, the Government indicates that, according to the Evaluation Report of the National Strategy for Gender Equality (NSGE) for 2016-20, in 2020, the gender pay gap amounted to 10.1 per cent (with men being paid more than women on average) and decreased by 0.6 percentage point compared with the previous year. In 2019, the gender pay gap was highest in the manufacturing sector, where it reached 24.6 per cent, and lowest in the construction sector. By occupation, the Government indicates that the gender pay gap is highest for craftsmen, and equipment and machinery assembly workers (24.2 per cent) and lowest for the armed forces (3.0 per cent). The Committee observes that the Government reported similar figures on the gender pay gap in the National Review of the implementation of the Beijing Declaration and Platform for Action (1995) – Beijing + 25. In this report, the Government also indicated the concerns raised by the European Commission in 2018 with regard to the high proportion of women in the informal labour market, especially in the textile industries and footwear and the lack of disaggregated data on the number of women working in the informal economy (National Review for the Republic of Albania, 30 April 2019, pages 10-11). More generally, the Committee observes that the Gender Equality Index for the Republic of Albania published in 2020, concludes there are high levels of sex segregation in the labour market, with employment rates for women higher than for men in the social sectors of education, human health and social work (13.8 per cent of employed women and 3.9 per cent of employed men worked in these sectors in 2018) (page 11). In this regard, the Committee recalls that the horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower-level positions without promotion opportunities has been identified as one of the main underlying causes of pay inequality (2012 General Survey on Fundamental Conventions, paragraph 712). Noting that the gender pay gap is persistent and particularly high in certain sectors, the Committee requests the Government to provide detailed information on the measures adopted, in cooperation with workers’ and employers’ organizations, to specifically address horizontal and vertical occupational gender segregation and to increase the labour force participation rate of women in the formal labour market. Lastly, the Committee reiterates its request to the Government to provide up-to-date statistical data, disaggregated by sex, on the distribution of workers in the different sectors of the economy, by occupational category, both in the public and private sectors, specifying their corresponding remuneration levels, and data on the gender pay gap in different sectors of the economy.

Articles 1(b) and 2. Definition of work of equal value. Legislation. The Committee recalls that section 4(8) of the Gender Equality Law of 2008 and section 115(4) of the Labour Code provide for different definitions of “work of equal value” and it requested the Government to provide information on their application in practice in comparing different jobs. The Committee notes the indication by the Government that job descriptions are not usually considered under the objective criteria set in section 115(4) of the Labour Code (the nature of the work, its quality and quantity, work conditions, professional background and seniority, physical and intellectual efforts, experience and responsibility), which constitutes an obstacle to the application of the principle in practice. The Committee also notes that the Government does not specify whether any measures are envisaged to harmonize the different definitions of work of equal value provided for under the Gender Equality Law and the Labour Code. The Government also reports on the awareness-raising activities on gender equality of the State Inspectorate of Labour and Social Services (SILSS), in cooperation with the Public Procurement Agency. The SILSS has placed a particular emphasis on the apparel industry where almost 95 per cent of workers are women. An awareness campaign was organized on the protections offered under the labour legislation and inspectors distributed leaflets on this theme. However, the campaign was interrupted due to the COVID-19 pandemic. While taking note of this information, the Committee stresses in this regard that public awareness-raising is essential to address prejudices and stereotypes regarding the professional abilities and aspirations of women (2012 General Survey, paragraph 865). On the number of relevant cases, the Government indicates that in 2020, two complaints for unequal treatment were addressed to SILSS and that in both cases, it was concluded that they were not justified. In 2020, there were 9 cases filed in Court on matters of discrimination in which the Commissioner for the Protection of Discrimination was summoned as an interested party. Three of them were completed in 2020 (one complaint was partially granted and another dismissed and both cases are currently pending in appeal, and the third one was declared inadmissible). One complaint was partially granted in 2021 and the other 5 cases are still pending. The People’s Advocate did not handle specific cases related to gender equality during the reporting period, as these matters are usually dealt with by the Commissioner for the Protection of Discrimination. In view of the absence of information provided in this regard, the Committee reiterates its request to Government to indicate whether any measures are envisaged to harmonize the different definitions of work of equal value provided for under the Gender Equality Law and the Labour Code. The Committee also asks the Government to take measures to continue raising awareness among both workers and employers and their respective organizations, as well as judges and other officials responsible for ensuring the implementation of the principle set out in the Convention, and to resume the awareness-raising activities of the SILSS on equal pay for men and women for work of equal value that had been interrupted due to the COVID-19 pandemic. Lastly, the Committee asks the Government to continue to provide information on the number, nature and outcome of cases of pay discrimination, in both the private and public sectors, dealt with by the competent authorities.

National strategies and action plans. The Committee asked the Government to provide information on: (1) the activities undertaken and the results achieved under the NSGE and reduction of Gender-based violence and Domestic Violence 2011–15 (NSGE – GBV and DV 2011-2015), as well as the Action Plan for Supporting Women Entrepreneurs for 2014–20, in matters relating to the principle of equal remuneration for men and women for work of equal value; (2) the progress achieved in the adoption and implementation of the new NSGE for 2016–20 (NSGE 2016-20), as well as on any other action plan aimed at implementing the principle of the Convention: (3) whether the National Council on Gender Equality has been involved in the elaboration and implementation of such strategies and action plans. The Committee notes that the Government’s report does not contain information relating to equal remuneration. It notes however that the Government indicates that: (1) the review of the implementation of the NSGE-GBV and DV, showed an increase in the number of women, both in general and within vulnerable groups, with access to employment and vocational training programs; (2) women entrepreneurs had also been accompanied through the creation of a special support fund; (3) the NSGE Evaluation Report showed an increase in the participation of women and girls in the labour market; (4) the NSGE 2021-2030, which provides inter alia for improving the legal framework and policies that enable equal sharing of work, and unpaid family care, between men and women, is being approved; and (5) the National Council for Gender Equality (NCGE), an advisory body on state policies on gender equality, is consulted for every evaluation report and elaboration of draft strategies and plans on the matter. The Committee asks the Government to provide updated information on the elaboration and adoption of the National Strategy for Gender Equality 2021-2030, in particular on the measures envisaged with respect to equal remuneration for men and women, as well as on any other strategy or plan adopted aiming at advancing the application in practice of the principle of the Convention. The Committee also asks the Government to provide detailed information on the implementation and results of these policies relating to equal remuneration for work of equal value, including specific information on the monitoring and review mechanisms in place to measure their impact.

Article 3. Objective job evaluation. The Committee requested the Government to provide information on the method and criteria used to establish the classification of jobs and the corresponding salary scales without gender bias and to ensure that jobs largely performed by women are not undervalued in comparison with predominantly “male” jobs but evaluated objectively on the basis of the work that they involve. For the public service, the Government indicates that the civil service positions are classified according to categories, classes and the nature of the positions, in accordance with section 19 of the Law No. 152/2013 on civil servants. The nature of the institution in which the position is situated and the importance of the job position in relation to the institution’s mission are criteria used for the classification of job positions and consequently the determination of the corresponding salary category. The Committee notes that the Government does not provide information on the job evaluation methods used for the private sector. The Committee recalls that a job evaluation is a formal procedure which, through analysis of the content of jobs, gives a numerical value to each job. Analytical methods of job evaluation have been found to be the most effective where they compare and classify jobs on the basis of objective factors relating to, for example, skills/qualifications, efforts, responsibilities and working condition (2012 General Survey, paragraph 700). The Committee requests the Government to clarify whether the criteria used for the classification of job positions in the public sector are objective factors, such as skills/qualifications, efforts, responsibilities and working conditions and to clarify how the criteria of “importance of the position in relation to the institution’s mission” referred to in the Government’s report is being measured. The Committee further requests the Government to explain how it ensures that these criteria are free from gender bias. Lastly, the Committee asks the Government to provide information on any measure adopted to promote the use of objective job evaluation methods in the private sector.

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

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1 and 2 of the Convention. Addressing the gender pay gap and its underlying causes. The Committee notes the Government’s indication that according to a study published by the Alliance for Development Centre on “Gender inequality in pay: the Albanian case”, the gender remuneration gap in 2012 was evaluated at 17.4 per cent in the private sector. The Committee further notes that, in its last concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the gender wage gap which, notwithstanding reported positive developments, remains significant, in particular in the private sector, and that the minimum wage remains extremely low, disproportionately affecting women. The CEDAW also expressed concern about the women’s concentration in the informal labour market, especially in the textile and shoe industries, without adequate labour and social protection (CEDAW/C/ALB/CO/4, 25 July 2016, paragraph 30). The Committee requests the Government to provide specific information on the measures taken, in cooperation with employers’ and workers’ organizations, to examine and address the underlying causes of the remuneration gap, and to increase the labour force participation rate of women in the formal labour market, especially in rural areas, including in sectors and positions in which they are currently absent or under-represented and in decision-making positions. Recalling that collecting and analysing data on the position and pay of men and women in all job categories, within and between sectors, is required to determine the nature and extent of the gender remuneration gap and address this issue, the Committee requests the Government to provide up-to-date statistical data, disaggregated by sex, on the distribution of workers in the different sectors of economic activity, job categories and positions, both in the public and private sectors, specifying their corresponding remuneration levels.

Article 2. Work of equal value. Legislative developments. The Committee refers to its previous comments where it noted that the Gender Equality Law of 2008 and the Labour Code provide for equal remuneration for work of equal value and that work of equal value is defined as the “paid activity, which, compared with the same indicators or unit of measure of another activity, displays similar or equal knowledge and professional skills in carrying out equal or almost equal physical and intellectual efforts” (section 4(8) of the Gender Equality Law). The Committee notes the adoption of Law No. 136/2015 of 5 December 2015, which came into force in June 2016, and introduces amendments to the Labour Code, more particularly concerning section 115 on equal pay. The Committee notes with interest that the new section 115(3) includes a definition of remuneration in conformity with the provisions of the Convention and that section 115(4) now defines work of equal value on the basis of all relevant criteria, especially the nature of work, its quantity and quality, working conditions, vocational training and seniority, physical and intellectual efforts, experience and responsibilities. The Committee requests the Government to indicate the manner in which section 4(8) of the Gender Equality Law of 2008 and section 115(4) of the Labour Code are applied in practice in order to permit the comparison of jobs that are of a different nature but nevertheless of equal value. It requests the Government to indicate whether any measures are envisaged in order to harmonize the different definitions of work of equal value provided for under the Gender Equality Law and the Labour Code, for legal certainty and clarity. The Committee requests the Government to provide specific information regarding awareness-raising activities conducted among workers, employers and their organizations, as well as labour inspectors, judges and other officials responsible, more particularly on the new provisions of the Labour Code, for ensuring the implementation of the principle set out in the Convention in practice. The Committee requests the Government to provide information on the activities undertaken by the Commissioner for the Protection from Discrimination in this regard, as well as on the number, nature and outcome of cases of discrimination on equal remuneration, in both the private and public sectors, dealt with by the State Labour Inspectorate, the courts or the People’s Advocate.

National strategies and action plans. The Committee previously noted that the National Strategy for Gender Equality and the Elimination of Domestic Violence 2011–15 and its action plan set as a priority increased women’s participation in decision-making and economic empowerment of women and girls, through promotion of vocational training of women especially in rural areas. The Committee notes the Government’s indication that the assessment report of this Strategy is currently being drafted and will serve as a basis for the drafting of the new Strategy for 2016–20. It further notes the adoption of the Action Plan for Supporting Women Entrepreneurs for 2014–20. The Committee requests the Government to provide information on the activities undertaken and the results achieved under the National Strategy for Gender Equality and the Elimination of Domestic Violence 2011–15, as well as the Action Plan for Supporting Women Entrepreneurs for 2014–20, in matters relating to the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide information on the progress achieved in the adoption and implementation of the new strategy for 2016–20, as well as on any other action plan aimed at implementing the principle of the Convention. The Committee requests the Government to indicate to what extent the National Council on Gender Equality has been involved in the elaboration and implementation of such strategies and action plans.

Article 3. Objective job evaluation. The Committee notes the adoption of the Decision of the Council of Ministers No. 142 of 3 December 2014 on the description and classification of job positions in the state administration institutions and independent institutions. It notes the Government’s indication that institutions of state administration are currently working on job descriptions based on the tasks performed by the employees. The Committee recalls that the concept of “equal value” laid down in the Convention requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. The Committee recalls that objective job evaluation is concerned with evaluating the job and not the individual worker (see 2012 General Survey on the fundamental Conventions, paragraphs 695–696). The Committee requests the Government to provide information on the method and criteria used to establish the classification of jobs and the corresponding salary scales without gender bias and to ensure that jobs largely performed by women are not undervalued in comparison with predominantly “male” jobs but evaluated objectively on the basis of the work that they involve.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1 and 2 of the Convention. Addressing the gender pay gap and its underlying causes. The Committee notes the Government’s indication that according to a study published by the Alliance for Development Centre on “Gender inequality in pay: the Albanian case”, the gender remuneration gap in 2012 was evaluated at 17.4 per cent in the private sector. The Committee further notes that, in its last concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the gender wage gap which, notwithstanding reported positive developments, remains significant, in particular in the private sector, and that the minimum wage remains extremely low, disproportionately affecting women. The CEDAW also expressed concern about the women’s concentration in the informal labour market, especially in the textile and shoe industries, without adequate labour and social protection (CEDAW/C/ALB/CO/4, 25 July 2016, paragraph 30). The Committee requests the Government to provide specific information on the measures taken, in cooperation with employers’ and workers’ organizations, to examine and address the underlying causes of the remuneration gap, and to increase the labour force participation rate of women in the formal labour market, especially in rural areas, including in sectors and positions in which they are currently absent or under-represented and in decision-making positions. Recalling that collecting and analysing data on the position and pay of men and women in all job categories, within and between sectors, is required to determine the nature and extent of the gender remuneration gap and address this issue, the Committee requests the Government to provide up-to-date statistical data, disaggregated by sex, on the distribution of workers in the different sectors of economic activity, job categories and positions, both in the public and private sectors, specifying their corresponding remuneration levels.

Article 2. Work of equal value. Legislative developments. The Committee refers to its previous comments where it noted that the Gender Equality Law of 2008 and the Labour Code provide for equal remuneration for work of equal value and that work of equal value is defined as the “paid activity, which, compared with the same indicators or unit of measure of another activity, displays similar or equal knowledge and professional skills in carrying out equal or almost equal physical and intellectual efforts” (section 4(8) of the Gender Equality Law). The Committee notes the adoption of Law No. 136/2015 of 5 December 2015, which came into force in June 2016, and introduces amendments to the Labour Code, more particularly concerning section 115 on equal pay. The Committee notes with interest that the new section 115(3) includes a definition of remuneration in conformity with the provisions of the Convention and that section 115(4) now defines work of equal value on the basis of all relevant criteria, especially the nature of work, its quantity and quality, working conditions, vocational training and seniority, physical and intellectual efforts, experience and responsibilities. The Committee requests the Government to indicate the manner in which section 4(8) of the Gender Equality Law of 2008 and section 115(4) of the Labour Code are applied in practice in order to permit the comparison of jobs that are of a different nature but nevertheless of equal value. It requests the Government to indicate whether any measures are envisaged in order to harmonize the different definitions of work of equal value provided for under the Gender Equality Law and the Labour Code, for legal certainty and clarity. The Committee requests the Government to provide specific information regarding awareness-raising activities conducted among workers, employers and their organizations, as well as labour inspectors, judges and other officials responsible, more particularly on the new provisions of the Labour Code, for ensuring the implementation of the principle set out in the Convention in practice. The Committee requests the Government to provide information on the activities undertaken by the Commissioner for the Protection from Discrimination in this regard, as well as on the number, nature and outcome of cases of discrimination on equal remuneration, in both the private and public sectors, dealt with by the State Labour Inspectorate, the courts or the People’s Advocate.

National strategies and action plans. The Committee previously noted that the National Strategy for Gender Equality and the Elimination of Domestic Violence 2011–15 and its action plan set as a priority increased women’s participation in decision-making and economic empowerment of women and girls, through promotion of vocational training of women especially in rural areas. The Committee notes the Government’s indication that the assessment report of this Strategy is currently being drafted and will serve as a basis for the drafting of the new Strategy for 2016–20. It further notes the adoption of the Action Plan for Supporting Women Entrepreneurs for 2014–20. The Committee requests the Government to provide information on the activities undertaken and the results achieved under the National Strategy for Gender Equality and the Elimination of Domestic Violence 2011–15, as well as the Action Plan for Supporting Women Entrepreneurs for 2014–20, in matters relating to the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide information on the progress achieved in the adoption and implementation of the new strategy for 2016–20, as well as on any other action plan aimed at implementing the principle of the Convention. The Committee requests the Government to indicate to what extent the National Council on Gender Equality has been involved in the elaboration and implementation of such strategies and action plans.

Article 3. Objective job evaluation. The Committee notes the adoption of the Decision of the Council of Ministers No. 142 of 3 December 2014 on the description and classification of job positions in the state administration institutions and independent institutions. It notes the Government’s indication that institutions of state administration are currently working on job descriptions based on the tasks performed by the employees. The Committee recalls that the concept of “equal value” laid down in the Convention requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. The Committee recalls that objective job evaluation is concerned with evaluating the job and not the individual worker (see 2012 General Survey on the fundamental Conventions, paragraphs 695–696). The Committee requests the Government to provide information on the method and criteria used to establish the classification of jobs and the corresponding salary scales without gender bias and to ensure that jobs largely performed by women are not undervalued in comparison with predominantly “male” jobs but evaluated objectively on the basis of the work that they involve.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on matters raised in its previous comments initially made in 2016.

Repetition

Articles 1 and 2 of the Convention. Addressing the gender pay gap and its underlying causes. The Committee notes the Government’s indication that according to a study published by the Alliance for Development Centre on “Gender inequality in pay: the Albanian case”, the gender remuneration gap in 2012 was evaluated at 17.4 per cent in the private sector. The Committee further notes that, in its last concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the gender wage gap which, notwithstanding reported positive developments, remains significant, in particular in the private sector, and that the minimum wage remains extremely low, disproportionately affecting women. The CEDAW also expressed concern about the women’s concentration in the informal labour market, especially in the textile and shoe industries, without adequate labour and social protection (CEDAW/C/ALB/CO/4, 25 July 2016, paragraph 30). The Committee requests the Government to provide specific information on the measures taken, in cooperation with employers’ and workers’ organizations, to examine and address the underlying causes of the remuneration gap, and to increase the labour force participation rate of women in the formal labour market, especially in rural areas, including in sectors and positions in which they are currently absent or under-represented and in decision-making positions. Recalling that collecting and analysing data on the position and pay of men and women in all job categories, within and between sectors, is required to determine the nature and extent of the gender remuneration gap and address this issue, the Committee requests the Government to provide up-to-date statistical data, disaggregated by sex, on the distribution of workers in the different sectors of economic activity, job categories and positions, both in the public and private sectors, specifying their corresponding remuneration levels.

Article 2. Work of equal value. Legislative developments. The Committee refers to its previous comments where it noted that the Gender Equality Law of 2008 and the Labour Code provide for equal remuneration for work of equal value and that work of equal value is defined as the “paid activity, which, compared with the same indicators or unit of measure of another activity, displays similar or equal knowledge and professional skills in carrying out equal or almost equal physical and intellectual efforts” (section 4(8) of the Gender Equality Law). The Committee notes the adoption of Law No. 136/2015 of 5 December 2015, which came into force in June 2016, and introduces amendments to the Labour Code, more particularly concerning section 115 on equal pay. The Committee notes with interest that the new section 115(3) includes a definition of remuneration in conformity with the provisions of the Convention and that section 115(4) now defines work of equal value on the basis of all relevant criteria, especially the nature of work, its quantity and quality, working conditions, vocational training and seniority, physical and intellectual efforts, experience and responsibilities. The Committee requests the Government to indicate the manner in which section 4(8) of the Gender Equality Law of 2008 and section 115(4) of the Labour Code are applied in practice in order to permit the comparison of jobs that are of a different nature but nevertheless of equal value. It requests the Government to indicate whether any measures are envisaged in order to harmonize the different definitions of work of equal value provided for under the Gender Equality Law and the Labour Code, for legal certainty and clarity. The Committee requests the Government to provide specific information regarding awareness-raising activities conducted among workers, employers and their organizations, as well as labour inspectors, judges and other officials responsible, more particularly on the new provisions of the Labour Code, for ensuring the implementation of the principle set out in the Convention in practice. The Committee requests the Government to provide information on the activities undertaken by the Commissioner for the Protection from Discrimination in this regard, as well as on the number, nature and outcome of cases of discrimination on equal remuneration, in both the private and public sectors, dealt with by the State Labour Inspectorate, the courts or the People’s Advocate.

National strategies and action plans. The Committee previously noted that the National Strategy for Gender Equality and the Elimination of Domestic Violence 2011–15 and its action plan set as a priority increased women’s participation in decision-making and economic empowerment of women and girls, through promotion of vocational training of women especially in rural areas. The Committee notes the Government’s indication that the assessment report of this Strategy is currently being drafted and will serve as a basis for the drafting of the new Strategy for 2016–20. It further notes the adoption of the Action Plan for Supporting Women Entrepreneurs for 2014–20. The Committee requests the Government to provide information on the activities undertaken and the results achieved under the National Strategy for Gender Equality and the Elimination of Domestic Violence 2011–15, as well as the Action Plan for Supporting Women Entrepreneurs for 2014–20, in matters relating to the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide information on the progress achieved in the adoption and implementation of the new strategy for 2016–20, as well as on any other action plan aimed at implementing the principle of the Convention. The Committee requests the Government to indicate to what extent the National Council on Gender Equality has been involved in the elaboration and implementation of such strategies and action plans.

Article 3. Objective job evaluation. The Committee notes the adoption of the Decision of the Council of Ministers No. 142 of 3 December 2014 on the description and classification of job positions in the state administration institutions and independent institutions. It notes the Government’s indication that institutions of state administration are currently working on job descriptions based on the tasks performed by the employees. The Committee recalls that the concept of “equal value” laid down in the Convention requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. The Committee recalls that objective job evaluation is concerned with evaluating the job and not the individual worker (see 2012 General Survey on the fundamental Conventions, paragraphs 695–696). The Committee requests the Government to provide information on the method and criteria used to establish the classification of jobs and the corresponding salary scales without gender bias and to ensure that jobs largely performed by women are not undervalued in comparison with predominantly “male” jobs but evaluated objectively on the basis of the work that they involve.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1 and 2 of the Convention. Addressing the gender pay gap and its underlying causes. The Committee notes the Government’s indication that according to a study published by the Alliance for Development Centre on “Gender inequality in pay: the Albanian case”, the gender remuneration gap in 2012 was evaluated at 17.4 per cent in the private sector. The Committee further notes that, in its last concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the gender wage gap which, notwithstanding reported positive developments, remains significant, in particular in the private sector, and that the minimum wage remains extremely low, disproportionately affecting women. The CEDAW also expressed concern about the women’s concentration in the informal labour market, especially in the textile and shoe industries, without adequate labour and social protection (CEDAW/C/ALB/CO/4, 25 July 2016, paragraph 30). The Committee requests the Government to provide specific information on the measures taken, in cooperation with employers’ and workers’ organizations, to examine and address the underlying causes of the remuneration gap, and to increase the labour force participation rate of women in the formal labour market, especially in rural areas, including in sectors and positions in which they are currently absent or under-represented and in decision-making positions. Recalling that collecting and analysing data on the position and pay of men and women in all job categories, within and between sectors, is required to determine the nature and extent of the gender remuneration gap and address this issue, the Committee requests the Government to provide up-to-date statistical data, disaggregated by sex, on the distribution of workers in the different sectors of economic activity, job categories and positions, both in the public and private sectors, specifying their corresponding remuneration levels.

Article 2. Work of equal value. Legislative developments. The Committee refers to its previous comments where it noted that the Gender Equality Law of 2008 and the Labour Code provide for equal remuneration for work of equal value and that work of equal value is defined as the “paid activity, which, compared with the same indicators or unit of measure of another activity, displays similar or equal knowledge and professional skills in carrying out equal or almost equal physical and intellectual efforts” (section 4(8) of the Gender Equality Law). The Committee notes the adoption of Law No. 136/2015 of 5 December 2015, which came into force in June 2016, and introduces amendments to the Labour Code, more particularly concerning section 115 on equal pay. The Committee notes with interest that the new section 115(3) includes a definition of remuneration in conformity with the provisions of the Convention and that section 115(4) now defines work of equal value on the basis of all relevant criteria, especially the nature of work, its quantity and quality, working conditions, vocational training and seniority, physical and intellectual efforts, experience and responsibilities. The Committee requests the Government to indicate the manner in which section 4(8) of the Gender Equality Law of 2008 and section 115(4) of the Labour Code are applied in practice in order to permit the comparison of jobs that are of a different nature but nevertheless of equal value. It requests the Government to indicate whether any measures are envisaged in order to harmonize the different definitions of work of equal value provided for under the Gender Equality Law and the Labour Code, for legal certainty and clarity. The Committee requests the Government to provide specific information regarding awareness-raising activities conducted among workers, employers and their organizations, as well as labour inspectors, judges and other officials responsible, more particularly on the new provisions of the Labour Code, for ensuring the implementation of the principle set out in the Convention in practice. The Committee requests the Government to provide information on the activities undertaken by the Commissioner for the Protection from Discrimination in this regard, as well as on the number, nature and outcome of cases of discrimination on equal remuneration, in both the private and public sectors, dealt with by the State Labour Inspectorate, the courts or the People’s Advocate.

National strategies and action plans. The Committee previously noted that the National Strategy for Gender Equality and the Elimination of Domestic Violence 2011–15 and its action plan set as a priority increased women’s participation in decision-making and economic empowerment of women and girls, through promotion of vocational training of women especially in rural areas. The Committee notes the Government’s indication that the assessment report of this Strategy is currently being drafted and will serve as a basis for the drafting of the new Strategy for 2016–20. It further notes the adoption of the Action Plan for Supporting Women Entrepreneurs for 2014–20. The Committee requests the Government to provide information on the activities undertaken and the results achieved under the National Strategy for Gender Equality and the Elimination of Domestic Violence 2011–15, as well as the Action Plan for Supporting Women Entrepreneurs for 2014–20, in matters relating to the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide information on the progress achieved in the adoption and implementation of the new strategy for 2016–20, as well as on any other action plan aimed at implementing the principle of the Convention. The Committee requests the Government to indicate to what extent the National Council on Gender Equality has been involved in the elaboration and implementation of such strategies and action plans.

Article 3. Objective job evaluation. The Committee notes the adoption of the Decision of the Council of Ministers No. 142 of 3 December 2014 on the description and classification of job positions in the state administration institutions and independent institutions. It notes the Government’s indication that institutions of state administration are currently working on job descriptions based on the tasks performed by the employees. The Committee recalls that the concept of “equal value” laid down in the Convention requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. The Committee recalls that objective job evaluation is concerned with evaluating the job and not the individual worker (see 2012 General Survey on the fundamental Conventions, paragraphs 695–696). The Committee requests the Government to provide information on the method and criteria used to establish the classification of jobs and the corresponding salary scales without gender bias and to ensure that jobs largely performed by women are not undervalued in comparison with predominantly “male” jobs but evaluated objectively on the basis of the work that they involve.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Legislation. Work of equal value. The Committee recalls that sections 16(7), 17(1)(a) and 21(ç) of the Law on Gender Equality in Society of 2008 provide for equal payment for work of equal value, with the definition of work of equal value under section 4(8) of this Law as the “paid activity, which, compared with the same indicators or unit of measure of another activity, displays similar or equal knowledge and professional skills in carrying out equal or almost equal physical and intellectual efforts”. It also recalls that section 115(1) of the Labour Code of 1995 provides for equal salary for work of equal value, however, without defining “work of equal value”. The Committee notes the Government’s indication that the Labour Code is being revised, and that section 115 will be amended, including defining “work of equal value”. The Committee also notes the Government’s indication that there have been no cases dealt with by the courts concerning the interpretation of sections 16(7), 17(1)(a) and 21(ç) of the Law on Gender Equality in Society. The Committee asks the Government to provide information on the practical application of sections 16(7), 17(1)(a) and 21(ç) of the Law on Gender Equality in Society, and to clarify whether section 4(8) of this Law permits the comparison of jobs that are of an entirely different nature, requiring different knowledge, skills and effort, but which are of equal value. The Committee also asks the Government to ensure that, in amending section 115(1) of the Labour Code, “work of equal value” allows comparison of jobs that are of an entirely different nature, requiring different knowledge, skills and effort, but which are of equal value, and to provide information on the progress of the revision of the Labour Code. Please provide summaries of any complaints, and the outcome thereof, brought to the attention of the labour inspectorate, the courts or the People’s Advocate regarding the provisions of the Labour Code and the Law on Gender Equality in Society relating to equal remuneration for work of equal value.

Scope of application. The Committee recalls section 4 of the Labour Code, which excludes from its scope of application persons whose employment is regulated by other legislation, and section 5 of the Law on Gender Equality in Society, which provides for the protection from gender discrimination of all persons living and residing in the country. It notes the Government’s indication that wages are determined regardless of sex under Members of Parliament Act No. 9584 of 17 July 2006, and laws regulating remuneration for lawyers, effective assistance lawyers, prosecutors and inquirers. The Committee asks the Government to clarify whether the equal remuneration provisions in the Law on Gender Equality in Society are applicable to specific categories of workers who are excluded from the Labour Code, regardless of the specific provisions which may be contained in the above laws or any other legislation.

Application in practice. The Committee notes the Government’s indication that, according to a report published by the Ministry of Labour, Social Affairs and Equal Opportunities and the National Institute of Statistics, based on a study conducted from 2010 to 2011 on unpaid work, 95 per cent of women from 15 to 64 years of age were engaged in unpaid work including housework and childcare, while the equivalent rate was 37 per cent for men; rural women spent five hours more than rural men in unpaid work. According to another study conducted by the Ministry of Labour, Social Affairs and Equal Opportunities, the gender pay gap was 17.63 per cent in 2008; the study analyses the causes of the gender pay gap, and proposes recommendations for developing policies to narrow the gender pay gap. The Committee asks the Government to provide information on any follow up measures to the studies on unpaid work and the gender pay gap, as well as on other measures taken or envisaged to promote and ensure equal remuneration for men and women for work of equal value in the public and private sectors in practice, particularly with respect to female-dominated branches of the economy.

National Strategy and Action Plan. The Committee notes that the National Strategy for Gender Equality and the Elimination of Domestic Violence 2011–15, and the Action Plan for its implementation were adopted in June 2011. The priorities of this National Strategy include increasing women’s participation in decision-making, and the economic empowerment of women and girls. The objectives of the Action Plan include promotion of vocational training of women, especially in rural areas, and monitoring the Employment Encouragement Programmes. The Committee asks the Government to provide information on the specific activities undertaken and the results achieved under the National Strategy for Gender Equality and the Elimination of Domestic Violence 2011–15, and the Action Plan for its implementation, in matters relating to the principle of equal remuneration for men and women for work of equal value.

National Council on Gender Equality. The Committee recalls the mandate of the National Council on Gender Equality pursuant to section 12 of the Law on Gender Equality in Society. The Committee notes the Government’s indication that a national report on the position of women and gender equality in 2011, which was presented at a meeting of the National Council on Gender Equality, contained a number of recommendations which are directly related to the drafting and implementation of policies on equal remuneration for work of equal value. It also notes the Government’s indication that there have been no joint meetings between the National Council on Gender Equality and the National Labour Council pursuant to section 12 of the Law on Gender Equality in Society. The Committee asks the Government to provide detailed information on the recommendations on policies on equal remuneration for work of equal value, contained in the national report on the position of women and gender equality 2011 and any follow-up thereto. It also asks the Government to continue to provide information on the activities that have been planned or implemented by the National Council on Gender Equality, and the outcome thereof, in terms of the promotion and realization of the principle of equal remuneration for men and women for work of equal value. Please supply information on the measures taken or envisaged by the minister responsible for gender equality and the central and local government organs regarding equal remuneration for work of equal value pursuant to section 13 of the Law on Gender Equality in Society, and on cooperation on the matters related to the Convention between the National Council on Gender Equality and the National Council on Labour, as provided for in section 12 of the Law on Gender Equality in Society.

Article 3. Objective job evaluation. The Committee recalls the Government’s previous indication that the relevant methodology has not yet been developed concerning objective job evaluation. The Committee also recalls that, for the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective (General Survey on fundamental Conventions, 2012, paragraph 700). The Committee asks the Government to take concrete steps in the context of the implementation of sections 16(7), 17(1)(a) and 21(ç) of the Law on Gender Equality in Society and section 115(1) of the Labour Code, to promote the development and use of objective job evaluation methods that are free from gender bias.

Collective agreements. The Committee notes the copy of a collective agreement provided by the Government. It also notes the Government’s indication that wages in the education sector are set according to types of schools, but wages for the same type of school are equal. Considering that it is still not clear whether the collective agreement covers not only equal work but also work of equal value, that may be of a different nature or may not be performed at the same enterprise, but which are nevertheless of equal value, the Committee asks the Government to provide information in this respect. The Committee also asks the Government to provide information on any collective agreements that have been declared invalid pursuant to section 18(4) of the Law on Gender Equality in Society.

Statistical information. The Committee notes the Government’s indication that the Ministry of Labour, Social Affairs and Equal Opportunities pays due attention to the collection of statistical data and that, in 2012, there will be a complete collection of all indicators on equality issues. The Committee asks the Government to take concrete steps to collect and analyse statistical data concerning the earnings of workers disaggregated by sex, industry, occupational category and educational level. It would also appreciate receiving any sex-disaggregated statistical information which may have been collected by the minister responsible for gender equality issues and by local government organs, as provided in sections 13(2)(d) and (dh) and 14(3) of the Law on Gender Equality in Society.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Legislative developments. The Committee notes the adoption of the Law on Gender Equality in Society (No. 9970, 24 July 2008) which has a number of provisions regarding payment for work of equal value. Section 21(ç) provides that “Female and male employees shall have the following rights without any gender discrimination: … to have the same pay for work of the same value, including remunerations equal treatment for work of the same value as well as equal treatment concerning the evaluation of work quality.” Section 16(7) requires an employer to actively promote gender equality, inter alia, by providing equal payment for work of equal value; section 17(1) also stipulates that it is discriminatory for an employer to differentiate based on gender regarding “payment for equal value work”. “Equal value work” is defined in section 4(8) as “the paid activity, which, compared with the same indicators or unit of measure of another activity, displays similar or equal knowledge and professional skills in achieving equal or almost equal physical and intellectual efforts.” The Committee notes that pursuant to the 2004 Law on Gender Equality in Society, there was an obligation on the employer to “apply equal salary for the work of an equal value” (section 4), although no definition of “work of equal value” was provided. The Committee recalls that section 115(1) of the Labour Code, 1995, provides that the employer is to give “the same salary to both women and men who carry out jobs of equal value”. No definition of “jobs of equal value” is provided in the Labour Code. The Committee asks the Government to provide information on the interpretation by any judicial or administrative bodies of sections 16(7), 17(1) and 21(ç) of the Law on Gender Equality in Society, and section 115 of the Labour Code. The Committee also asks the Government to indicate whether section 4(8) of the Law on Gender Equality in Society permits the comparison of jobs that are of an entirely different nature, requiring different knowledge, skills and effort, but which are of equal value. Please provide summaries of any complaints, and the outcome thereof, brought to the attention of the labour inspectorate, the courts or the People’s Advocate regarding the provisions of the Labour Code and the Law on Gender Equality in Society relating to equal remuneration for work of equal value.

Scope of application. The Committee has been requesting the Government to indicate whether the laws on the status of specific categories of workers, namely the Members of Peoples’ Assembly Act No. 7503 of 1998, and the Lawyers, Effective Assistance Lawyers, Prosecutors and Inquirers Act No. 7800 of 1994, contain any specific provisions regarding remuneration of employment, in the light of section 4 of the Labour Code, which excludes from its scope of application persons whose employment is regulated by other legislation. While the Government has not responded to this point, the Committee notes that, by virtue of section 5 of the Law on Gender Equality in Society, protection from gender discrimination is provided to all persons living and residing in the territory of the Republic of Albania. The Committee therefore asks the Government to clarify whether the equal remuneration provisions in the Law on Gender Equality in Society are applicable regardless of the specific provisions which may be contained in the above laws or any other legislation.

Application in practice. The Committee notes the Government’s response to its previous request for information on measures to promote and ensure the application of the Convention’s principle in practice, and particularly that the Government has undertaken a study to identify forms of discrimination, and the measures and tools necessary to improve legislation in the relevant area and the orientation of policies against discrimination. It also notes that the Government conducted a survey of a limited number of companies, businesses and institutions concerning the remuneration of professionals, which is intended to be the first step to assess work which is to be enlarged to cover entities nationwide. The Committee asks the Government to provide information on the progress made through these initiatives and to provide summaries of the outcomes of these studies and surveys once completed. It also asks the Government to provide the outcome of the study on women’s unpaid work in agriculture and in the household which has been requested since 2004. Please also provide any further information on the measures taken or envisaged to promote and ensure equal remuneration for men and women for work of equal value in the public and private sectors in practice, particularly with respect to female-dominated branches of the economy.

National Strategy and Action Plan. The Committee notes that section 10 of the Law on Gender Equality in Society establishes the role of the Council of Ministers to approve the National Strategy and Action Plan for the Achievement of Gender Equality. In this connection, the Committee notes that the Ministry of Labour, Social Affairs and Equal Opportunities developed the National Strategy on Gender Equality and Domestic Violence 2007–10. The Committee asks the Government to provide information on the specific activities undertaken and the results achieved under the 2007–10 National Strategy in matters relating to the principle of equal remuneration for work of equal value. It would also appreciate receiving information concerning any progress made towards the adoption of the National Strategy and Action Plan for the Achievement of Gender Equality.

National Council on Gender Equality. The Committee notes that sections 11 and 12 of the Law on Gender Equality in Society establish the National Council on Gender Equality, which is an advisory body consisting of ten representatives appointed by the Government and three by civil society. The Committee notes the information provided by the Government that the National Council on Gender Equality was established by Order of the Prime Minister No. 3 of 8 January 2009 and that the Council is chaired by the Minister of Labour, Social Affairs and Equal Opportunities. The Council’s duties include advising the Government in defining the scope of state policies on gender equality; ensuring gender mainstreaming; proposing programmes to the Council of Ministers; evaluating the current situation of gender equality; issuing guidelines on the structure of gender equality issues; and approving the annual report on gender equality. Section 13(1) designates the minister responsible for gender equality issues as the state authority responsible for the implementation and supervision of the Law on Gender Equality in Society and state programmes on gender equality. The Minister is also responsible, under section 13(2), for other activities including proposing to the Council of Ministers, upon consultation with the National Council on Gender Equality, amendments to laws and secondary legislation; signing relevant international acts; establishing mechanisms for gathering gender-disaggregated statistics; elaborating and implementing activities on education, training, information and awareness raising; and submitting to the National Council on Gender Equality the previous year’s report on activities and progress. Section 13(3) establishes the duty of central and local state institutions to collaborate with the respective ministers with a view to exchanging information and facilitating the accomplishment of the minister’s function. It also provides for gender equality employees to be designated in each ministry for this purpose. Section 14 provides that local government organs shall cooperate with central government organs and non-profit organizations for the achievement of gender equality, and local government organs are to gather and process gender disaggregated statistics. The section also provides for the appointment of gender equality employees in local government organs. The Committee asks the Government to provide specific information on the organization and operation of the National Council on Gender Equality, including details on the organizations represented as the civil society members of the Council and the activities that have been planned or implemented, and the outcome thereof, in terms of the promotion and realization of the principle of equal remuneration for work of equal value. It also asks the Government to supply information on the measures taken or envisaged by the minister responsible for gender equality and the central and local government organs regarding equal remuneration for work of equal value. In addition, the Government is further requested to supply information on cooperation on the matters related to the Convention between the National Council on Gender Equality and the National Council on Labour, as provided for in section 12 of the Law on Gender Equality in Society.

Article 3 of the Convention. Objective job evaluation. The Committee notes the Government’s indication that the relevant methodology has not yet been developed, and that the Ministry of Labour, Social Affairs and Equal Opportunities is in the process of undertaking a study on pay equity. In this context, the Committee refers to paragraphs 138–142 of its General Survey of 1986 on equal remuneration, which provide useful guidance on objective job evaluation methods. The Committee reiterates its previous request to the Government to take active measures, particularly in the context of the implementation of sections 16, 17 and 21 of the Law on Gender Equality in Society, to promote the development and use of objective job evaluation methods that are free from gender bias. It also asks the Government to provide information on any progress made in relation to the pay equity study undertaken by the Ministry.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that the Law on Gender Equality in Society provides in section 18(4) that every individual agreement or collective agreement which contradicts the provisions of the Law is invalid. The Committee also notes that the Government’s report is silent on its request concerning the collective agreement of 4 July 2006 signed between the Ministry of Education and Science and the Trade Union Federation of Education and Science of Albania (FSASH) and the Independent Trade Union of Education of Albania (SPASH) containing provisions on equal remuneration for equal work. The Committee is therefore bound to reiterate its request that the Government clarify whether the above collective agreement covers not only equal work but also work of equal value, that is jobs which may be of a different nature or may not be performed at the same enterprise, but which are nevertheless of equal value. It would also be grateful if the Government would supply a copy of the collective agreement as well as of any other collective agreements which contain provisions relevant to the Convention. The Committee also asks the Government to provide information on any collective agreements that have been declared invalid pursuant to section 18(4).

Statistical information. The Committee once again asks the Government to supply statistical data concerning the earnings of workers disaggregated by sex, industry, occupational category and educational level. It would also appreciate receiving any gender-disaggregated statistical information which may have been collected by the minister responsible for gender equality issues and by local government organs, as provided in sections 13(2)(d) and (dh) and 14(3) of the Law on Gender Equality in Society.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Legislative developments. The Committee notes the adoption of the Law on Gender Equality in Society (No. 9970, 24 July 2008) which has a number of provisions regarding payment for work of equal value. Section 21(ç) provides that “Female and male employees shall have the following rights without any gender discrimination: … to have the same pay for work of the same value, including remunerations equal treatment for work of the same value as well as equal treatment concerning the evaluation of work quality.” Section 16(7) requires an employer to actively promote gender equality, inter alia, by providing equal payment for work of equal value; section 17(1) also stipulates that it is discriminatory for an employer to differentiate based on gender regarding “payment for equal value work”. “Equal value work” is defined in section 4(8) as “the paid activity, which, compared with the same indicators or unit of measure of another activity, displays similar or equal knowledge and professional skills in achieving equal or almost equal physical and intellectual efforts.” The Committee notes that pursuant to the 2004 Law on Gender Equality in Society, there was an obligation on the employer to “apply equal salary for the work of an equal value” (section 4), although no definition of “work of equal value” was provided. The Committee recalls that section 115(1) of the Labour Code, 1995, provides that the employer is to give “the same salary to both women and men who carry out jobs of equal value”. No definition of “jobs of equal value” is provided in the Labour Code. The Committee asks the Government to provide information on the interpretation by any judicial or administrative bodies of sections 16(7), 17(1) and 21(ç) of the Law on Gender Equality in Society, and section 115 of the Labour Code. The Committee also asks the Government to indicate whether section 4(8) of the Law on Gender Equality in Society permits the comparison of jobs that are of an entirely different nature, requiring different knowledge, skills and effort, but which are of equal value. Please provide summaries of any complaints, and the outcome thereof, brought to the attention of the labour inspectorate, the courts or the People’s Advocate regarding the provisions of the Labour Code and the Law on Gender Equality in Society relating to equal remuneration for work of equal value.

Scope of application. The Committee has been requesting the Government to indicate whether the laws on the status of specific categories of workers, namely the Members of Peoples’ Assembly Act No. 7503 of 1998, and the Lawyers, Effective Assistance Lawyers, Prosecutors and Inquirers Act No. 7800 of 1994, contain any specific provisions regarding remuneration of employment, in the light of section 4 of the Labour Code, which excludes from its scope of application persons whose employment is regulated by other legislation. While the Government has not responded to this point, the Committee notes that, by virtue of section 5 of the Law on Gender Equality in Society, protection from gender discrimination is provided to all persons living and residing in the territory of the Republic of Albania. The Committee therefore asks the Government to clarify whether the equal remuneration provisions in the Law on Gender Equality in Society are applicable regardless of the specific provisions which may be contained in the above laws or any other legislation.

Application in practice. The Committee notes the Government’s response to its previous request for information on measures to promote and ensure the application of the Convention’s principle in practice, and particularly that the Government has undertaken a study to identify forms of discrimination, and the measures and tools necessary to improve legislation in the relevant area and the orientation of policies against discrimination. It also notes that the Government conducted a survey of a limited number of companies, businesses and institutions concerning the remuneration of professionals, which is intended to be the first step to assess work which is to be enlarged to cover entities nationwide. The Committee asks the Government to provide information on the progress made through these initiatives and to provide summaries of the outcomes of these studies and surveys once completed. It also asks the Government to provide the outcome of the study on women’s unpaid work in agriculture and in the household which has been requested since 2004. Please also provide any further information on the measures taken or envisaged to promote and ensure equal remuneration for men and women for work of equal value in the public and private sectors in practice, particularly with respect to female-dominated branches of the economy.

National Strategy and Action Plan. The Committee notes that section 10 of the Law on Gender Equality in Society establishes the role of the Council of Ministers to approve the National Strategy and Action Plan for the Achievement of Gender Equality. In this connection, the Committee notes that the Ministry of Labour, Social Affairs and Equal Opportunities developed the National Strategy on Gender Equality and Domestic Violence 2007–10. The Committee asks the Government to provide information on the specific activities undertaken and the results achieved under the 2007–10 National Strategy in matters relating to the principle of equal remuneration for work of equal value. It would also appreciate receiving information concerning any progress made towards the adoption of the National Strategy and Action Plan for the Achievement of Gender Equality.

National Council on Gender Equality. The Committee notes that sections 11 and 12 of the Law on Gender Equality in Society establish the National Council on Gender Equality, which is an advisory body consisting of ten representatives appointed by the Government and three by civil society. The Committee notes the information provided by the Government that the National Council on Gender Equality was established by Order of the Prime Minister No. 3 of 8 January 2009 and that the Council is chaired by the Minister of Labour, Social Affairs and Equal Opportunities. The Council’s duties include advising the Government in defining the scope of state policies on gender equality; ensuring gender mainstreaming; proposing programmes to the Council of Ministers; evaluating the current situation of gender equality; issuing guidelines on the structure of gender equality issues; and approving the annual report on gender equality. Section 13(1) designates the minister responsible for gender equality issues as the state authority responsible for the implementation and supervision of the Law on Gender Equality in Society and state programmes on gender equality. The Minister is also responsible, under section 13(2), for other activities including proposing to the Council of Ministers, upon consultation with the National Council on Gender Equality, amendments to laws and secondary legislation; signing relevant international acts; establishing mechanisms for gathering gender-disaggregated statistics; elaborating and implementing activities on education, training, information and awareness raising; and submitting to the National Council on Gender Equality the previous year’s report on activities and progress. Section 13(3) establishes the duty of central and local state institutions to collaborate with the respective ministers with a view to exchanging information and facilitating the accomplishment of the minister’s function. It also provides for gender equality employees to be designated in each ministry for this purpose. Section 14 provides that local government organs shall cooperate with central government organs and non-profit organizations for the achievement of gender equality, and local government organs are to gather and process gender‑disaggregated statistics. The section also provides for the appointment of gender equality employees in local government organs. The Committee asks the Government to provide specific information on the organization and operation of the National Council on Gender Equality, including details on the organizations represented as the civil society members of the Council and the activities that have been planned or implemented, and the outcome thereof, in terms of the promotion and realization of the principle of equal remuneration for work of equal value. It also asks the Government to supply information on the measures taken or envisaged by the minister responsible for gender equality and the central and local government organs regarding equal remuneration for work of equal value. In addition, the Government is further requested to supply information on cooperation on the matters related to the Convention between the National Council on Gender Equality and the National Council on Labour, as provided for in section 12 of the Law on Gender Equality in Society.

Article 3 of the Convention. Objective job evaluation. The Committee notes the Government’s indication that the relevant methodology has not yet been developed, and that the Ministry of Labour, Social Affairs and Equal Opportunities is in the process of undertaking a study on pay equity. In this context, the Committee refers to paragraphs 138–142 of its General Survey of 1986 on equal remuneration, which provide useful guidance on objective job evaluation methods. The Committee reiterates its previous request to the Government to take active measures, particularly in the context of the implementation of sections 16, 17 and 21 of the Law on Gender Equality in Society, to promote the development and use of objective job evaluation methods that are free from gender bias. It also asks the Government to provide information on any progress made in relation to the pay equity study undertaken by the Ministry.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that the Law on Gender Equality in Society provides in section 18(4) that every individual agreement or collective agreement which contradicts the provisions of the Law is invalid. The Committee also notes that the Government’s report is silent on its request concerning the collective agreement of 4 July 2006 signed between the Ministry of Education and Science and the Trade Union Federation of Education and Science of Albania (FSASH) and the Independent Trade Union of Education of Albania (SPASH) containing provisions on equal remuneration for equal work. The Committee is therefore bound to reiterate its request that the Government clarify whether the above collective agreement covers not only equal work but also work of equal value, that is jobs which may be of a different nature or may not be performed at the same enterprise, but which are nevertheless of equal value. It would also be grateful if the Government would supply a copy of the collective agreement as well as of any other collective agreements which contain provisions relevant to the Convention. The Committee also asks the Government to provide information on any collective agreements that have been declared invalid pursuant to section 18(4).

Statistical information. The Committee once again asks the Government to supply statistical data concerning the earnings of workers disaggregated by sex, industry, occupational category and educational level. It would also appreciate receiving any gender-disaggregated statistical information which may have been collected by the minister responsible for gender equality issues and by local government organs, as provided in sections 13(2)(d) and (dh) and 14(3) of the Law on Gender Equality in Society.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee recalls the observations of the Confederation of the Trade Unions of Albania (CTUA) of 30 September 2004 alleging the existence of disparities in respect of remuneration for men and women for work of equal value, both in the public and the private sectors. In the absence of a reply to its previous request, the Committee again asks the Government to indicate the measures taken or envisaged to promote and ensure equal remuneration for men and women for work of equal value in the public and private sectors, particularly in female-dominated branches of the economy. Please also provide statistical information on the earnings of women and men, disaggregated by sector, education level and occupational category.

Articles 1 and 2 of the Convention. Application in law and practice of the principle of equal remuneration. The Committee notes that in cases of violation of the principle of equal remuneration for work of equal value, section 115, item 4, of the Labour Code entitles the employee to the payment of a reward encompassing all the advantages that the employee of the other sex enjoys. Similarly, the Committee notes that, under the Law on an Equal Gender Society of 2004, the employer’s failure to observe the principle of equal remuneration is considered as a “discriminatory act” to be punished in accordance with section 16 of the Law which prescribes disciplinary, civil and administrative or criminal law sanctions in case of violation of its provisions. The Committee also notes that victims of discriminatory acts can bring a complaint before the People’s Advocate. The Committee asks the Government to provide detailed information on the application of section 115, item 4, of the Labour Code and section 16 of the Law on an Equal Gender Society in respect of the principle of equal remuneration for work of equal value. It also asks the Government to supply information on any cases involving the principle of the Convention which have been brought before the People’s Advocate and on their outcomes.

The Committee notes the Government’s indication that the principle of equal remuneration for work of equal value is regularly reflected in collective agreements. Nevertheless, in its report, the Government refers to equal remuneration for equal work when presenting the agreement signed between the Ministry of Education and Science and the Trade Union Federation of Education and Science of Albania (FSASH) and the Independent Trade Union of Education of Albania (SPASH). The Committee recalls that the Convention, although encompassing the basic principle of equal remuneration for equal work, also requires that equal remuneration be ensured to workers performing jobs of an entirely different nature but, nonetheless, of equal value, whether or not in the same enterprise. The Committee therefore asks the Government to clarify the scope of the collective agreement signed between the Ministry of Education and Science and the FSASH and SPASH and to supply a copy of it as well as of any other relevant collective agreements.

Recalling that section 4 of the Labour Code excludes from its application persons whose employment is regulated by other legislation, the Committee also reiterates its request for information on whether the Members of Peoples’ Assembly Act No. 7503 of 1998, and the Lawyers, Effective Assistance Lawyers, Prosecutors and Inquirers Act No. 7800 of 1994, contain any provisions regarding remuneration of employment, and again solicits the Government to provide copies of these texts. The Committee further asks the Government to indicate the applicable regulations regarding the salary structure in the civil service made under section 18 of the Civil Service Act No. 8549 of 1999.

Article 3. Objective job evaluation. Noting that under section 4 of the Law on an Equal Gender Society, employers are required to ensure that their workers receive equal remuneration for work of equal value, the Committee emphasizes that in order for this provision to be effectively implemented, it is crucial to promote objective job evaluation to establish whether different jobs are of equal value and thus entitled to equal remuneration in compliance with the provisions of the Convention. Referring to its 2006 general observation on the Convention, the Committee wishes to draw the Government’s attention to the fact that, when determining wage rates, historical attitudes towards the role of women in society can result in the undervaluation of “female jobs” in comparison with those traditionally performed by men. The Committee, therefore, encourages the Government to take steps to promote actively the development and use, at the enterprise level, of objective job evaluation methods that are free from gender bias as a means to determine remuneration in accordance with the principle of equal remuneration for men and women for work of equal value, and asks the Government to indicate any measures taken or envisaged in this regard.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes from the Government’s report that the cooperation with the social partners is ensured, at a general level, through their participation in the National Labour Council (NLC) and, more specifically, by means of the tripartite Commissions of Remunerations and Pensions and of Equal Opportunities. The Committee asks the Government to supply full information on the activities carried out by these bodies with a view to giving effect to the principle of the Convention.

Part IV of the report form. Judicial and other decisions. Noting that no decisions regarding the application of the principle of the Convention have so far been given by national courts, the Committee encourages the Government to take all necessary measures to foster public understanding of the concept of equal remuneration for work of equal value and to raise awareness among the workers of their right to equal remuneration and the remedies available to redress any violations which may occur in this respect.

Part V of the report form. General appreciation of the application of the Convention. In the absence of the information solicited in its previous direct request, the Committee reiterates its request for information on the outcome of the study on women’s unpaid work in agriculture and in the household. It also asks the Government to supply information on any relevant activities carried out by the inter-ministerial Committee on Gender Equality established under the Law on an Equal Gender Society as well as on the number and nature of violations detected by the labour inspectorate regarding the application of the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the observations from the Confederation of the Trade Unions of Albania (CTUA) dated 30 September 2004, alleging that inequalities in respect to remuneration for men and women for work of equal value exist in the private sector, particularly in companies with a majority of women workers, and also in the public sector. With respect to Instruction No. 2 on the “Annual Results Appreciation System of the Civil Servant”, the CTUA states that this system is not applied in an objective manner. In its brief reply the Government reiterates that at the end of the year civil servants received a reward based on their good performance. The Committee asks the Government to include in its next report full information on the measures taken or envisaged to promote and ensure equal remuneration for work of equal value in the public and private sectors, particularly in female-dominated branches of the economy.

1. Articles 1 and 2 of the Convention. Application in law. Recalling its previous comments regarding the laws and regulations applying the Convention, the Committee asks the Government to indicate the applicable regulations regarding the salary structure in the civil service made under section 18 of the Civil Service Act No. 8549 of 1999. The Government is also asked to provide an update on the relevant laws and regulations regarding remuneration in the budgetary sector. Please also indicate whether the Members of Peoples’ Assembly Act No. 7503 of 1998, and the Lawyers, Effective Assistance Lawyers, Prosecutors and Inquirers Act No. 7800 of 1994, contain any provisions regarding remuneration of employment covered by these Acts, and provide copies of the texts.

2. Application in practice. The Committee notes the Government’s indication that remuneration inequalities between women and men existed particularly in rural areas. It also notes that a study on women’s unpaid work in agriculture and the household will be carried out in five regions in order to develop recommendations for further government action.

–      The Committee asks the Government to continue to provide information on the measures taken to address gender inequalities with regard to remuneration in rural and urban areas, including the outcomes of the study on women’s unpaid work.

–      Noting that the Committee on Equal Opportunities (CEO) is carrying out general promotional activities concerning women’s rights, the Committee would appreciate receiving additional information on the manner in which the CEO’s activities more specifically address the issue of equal remuneration.

–      Noting that the Government has not provided recent statistical information on the remuneration received by men and women in the various sectors of the economy, the Committee asks the Government to provide such information with its next report, in accordance with the Committee’s 1998 general observation on the Convention, as far as possible.

3. Article 3. Objective job evaluation. The Committee notes the Government’s statement that, under the Labour Code, wage differences have to be based on objective criteria, such as work quantity and quality, professional qualification and years of service. While noting that such criteria may indeed be unrelated to the worker’s sex, the Committee emphasizes the need to promote objective evaluation with a view to assessing the content of the work to be performed in order to exclude remuneration discrimination caused by stereotypical perceptions of the value of work traditionally performed by women. The Government is therefore asked to provide information on the measures taken to promote objective job evaluation methods.

4. Article 4. Cooperation with workers’ and employers organizations. The Committee asks the Government to indicate the manner in which it cooperates with employers’ and workers’ organizations for the purpose of giving effect to the provisions of the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the observations from the Confederation of the Trade Unions of Albania (CTUA) dated 30 September 2004, alleging that inequalities in respect to remuneration for men and women for work of equal value exist in the private sector, particularly in companies with a majority of women workers, and also in the public sector. With respect to Instruction No. 2 on the "Annual Results Appreciation System of the Civil Servant", the CTUA states that this system is not applied in an objective manner. In its brief reply the Government reiterates that at the end of the year civil servants received a reward based on their good performance. The Committee asks the Government to include in its next report full information on the measures taken or envisaged to promote and ensure equal remuneration for work of equal value in the public and private sectors, particularly in female-dominated branches of the economy.

The Committee notes that the Government’s report has not been received. It hopes that the Government will provide full information in its next report on the matters raised in its previous direct request, which read as follows:

1. Articles 1 and 2 of the Convention. Application in law. Recalling its previous comments regarding the laws and regulations applying the Convention, the Committee asks the Government to indicate the applicable regulations regarding the salary structure in the civil service made under section 18 of the Civil Service Act No. 8549 of 1999. The Government is also asked to provide an update on the relevant laws and regulations regarding remuneration in the budgetary sector. Please also indicate whether the Members of Peoples’ Assembly Act No. 7503 of 1998, and the Lawyers, Effective Assistance Lawyers, Prosecutors and Inquirers Act No. 7800 of 1994, contain any provisions regarding remuneration of employment covered by these Acts, and provide copies of the texts.

2. Application in practice. The Committee notes the Government’s indication that remuneration inequalities between women and men existed particularly in rural areas. It also notes that a study on women’s unpaid work in agriculture and the household will be carried out in five regions in order to develop recommendations for further government action.

-  The Committee asks the Government to continue to provide information on the measures taken to address gender inequalities with regard to remuneration in rural and urban areas, including the outcomes of the study on women’s unpaid work.

-  Noting that the Committee on Equal Opportunities (CEO) is carrying out general promotional activities concerning women’s rights, the Committee would appreciate receiving additional information on the manner in which the CEO’s activities more specifically address the issue of equal remuneration.

-  Noting that the Government has not provided recent statistical information on the remuneration received by men and women in the various sectors of the economy, the Committee asks the Government to provide such information with its next report, in accordance with the Committee’s 1998 general observation on the Convention, as far as possible.

3. Article 3. Objective job evaluation. The Committee notes the Government’s statement that, under the Labour Code, wage differences have to be based on objective criteria, such as work quantity and quality, professional qualification and years of service. While noting that such criteria may indeed be unrelated to the worker’s sex, the Committee emphasizes the need to promote objective evaluation with a view to assessing the content of the work to be performed in order to exclude remuneration discrimination caused by stereotypical perceptions of the value of work traditionally performed by women. The Government is therefore asked to provide information on the measures taken to promote objective job evaluation methods.

4. Article 4. Cooperation with workers’ and employers organizations. The Committee asks the Government to indicate the manner in which it cooperates with employers’ and workers’ organizations for the purpose of giving effect to the provisions of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the observations from the Confederation of the Trade Unions of Albania dated 30 September 2004, which have been sent to the Government for comment. It will consider these observations together with any reply the Government may make at its next session.

1. Articles 1 and 2 of the Convention. Application in law. Recalling its previous comments regarding the laws and regulations applying the Convention, the Committee asks the Government to indicate the applicable regulations regarding the salary structure in the civil service made under section 18 of the Civil Service Act No. 8549 of 1999. The Government is also asked to provide an up-date on the relevant laws and regulations regarding remuneration in the budgetary sector. Please also indicate whether the Members of Peoples’ Assembly Act No. 7503 of 1998 and the Lawyers, Effective Assistance Lawyers, Prosecutors and Inquirers Act No. 7800 of 1994 contain any provisions regarding remuneration of employment covered by these Acts, and provide copies of the texts.

2. Application in practice. The Committee notes the Government’s indication that remuneration inequalities between women and men existed particularly in rural areas. It also notes that a study on women’s unpaid work in agriculture and the household will be carried out in five regions in order to develop recommendations for further Government action.

-  The Committee asks the Government to continue to provide information on the measures taken to address gender inequalities with regard to remuneration in rural and urban areas, including the outcomes of the study on women’s unpaid work.

-  Noting that the Committee on Equal Opportunities (CEO) is carrying out general promotional activities concerning women’s rights, the Committee would appreciate receiving additional information on the manner in which the CEO’s activities more specifically address the issue of equal remuneration.

-  Noting that the Government has not provided recent statistical information on the remuneration received by men and women in the various sectors of the economy, the Committee asks the Government to provide such information with its next report, in accordance with the Committee’s 1998 general observation on the Convention, as far as possible.

3. Article 3. Objective job evaluation. The Committee notes the Government’s statement that under the Labour Code wage differences have to be based on objective criteria, such as work quantity and quality, professional qualification and years of service. While noting that such criteria may indeed be unrelated to the worker’s sex, the Committee emphasizes the need to promote objective evaluation with a view to assessing the content of the work to be performed in order to exclude remuneration discrimination caused by stereotypical perceptions of the value of work traditionally performed by women. The Government is therefore asked to provide information on the measures taken to promote objective job evaluation methods.

4. Article 4. Cooperation with workers’ and employers organizations. The Committee asks the Government to indicate the manner in which it cooperates with employers’ and workers’ organizations for the purpose of giving effect to the provisions of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. With reference to its previous comments, the Committee notes from the statistical information provided by the Government that the average monthly wage of women amounts to 68 per cent of that of men. While concerning most occupations the differential is between 75 and 80 per cent, the Committee notes that among plant and machine operators, the difference in remuneration between men and women is particularly high, with women only earning 59 per cent of men’s salaries. The Committee asks the Government to provide information on the practical measures taken or envisaged to reduce the existing inequalities in respect to remuneration for men and women for work of equal value. The Government is also requested to continue to provide statistical information on the levels of remuneration of men and women, as outlined in the Committee’s general observation of 1998 on the application of the Convention.

2. The Committee recalls that section 115(1), read in conjunction with section 110 of the Labour Code (1995), provides for the application of the principle of equal remuneration for men and women for work of equal value in both individual and collective labour contracts. Recalling also that section 4 of the Labour Code excludes from its application persons whose employment is regulated by other legislation, the Committee reiterates its request to the Government to provide a copy of the Members of Peoples’ Assembly Act No. 7503 of 1998 and the Lawyers, Effective Assistance Lawyers, Prosecutors and Inquirers Act No. 7800 of 1994. The Committee recalls its request with regard to the types of activities and persons excluded under section 5(b) of the Code and hopes that the Government will provide information on this matter in its next report.

3. The Committee notes that, according to section 18 of Act No. 8549 of 1999 on the status of the civil servant, the salary of a civil servant is composed of a basic salary, which has three subcomponents: (a) a group salary based on the education level required by the position; (b) a seniority supplement; (c) a training supplement. The Committee notes that the position supplement reflects its relative value and special circumstances, that working conditions supplement reflects special working conditions; and that superior job performance bonuses are awarded on performance reviews and budgetary resources of each institution. The Committee asks the Government to provide a copy of the regulations that, pursuant to paragraph 3 of section 18(4) of the Act, govern the operation of the salary structure of the public service. The Committee notes that, by virtue of Instruction No. 2 on the "Annual Results Appreciation System of the Civil Servant", dated 7 September 2000, based on sections 16 and 29 of the Act, decisions on the outcome of probation periods, promotions and parallel transfers are based on objective criteria, such as merit, performance and attainment of goals. Please provide information on the implementation of the above provisions in practice.

4. The Committee notes the Government’s statement that the Committee for Equal Opportunities (CEO) considers the elimination of any kind of discrimination as its main priority; that it has a programme to raise awareness about equality issues between men and women in state and private organizations; and, that it intends to raise women’s awareness of their rights. The Committee asks the Government to provide details on the CEO’s activities to promote the principle of equal remuneration for men and women for work of equal value and the results obtained in this respect. Noting that in the Government’s view parliamentary Commission for Youth and Women set up in 1997 has not been effective so far, the Committee asks the Government to provide information on the work of this Commission and on any measures taken to improve its effectiveness with respect to promoting the principle of the Convention.

5. The Committee notes the establishment of the National Labour Council, pursuant to section 200 of the Labour Code, composed of subcommittees in which representatives of Government, employers’ and workers’ organizations participate. Noting that the subcommittees periodically discuss issues of equal pay between men and women, the Committee asks the Government to provide more detailed information on the work of the Council and its subcommittees on this matter.

6. The Committee noted in its previous direct request that the Council of Ministers had appointed a Committee on Women and Family (CWF) which finalized a platform of the Albanian Government for women for the years 1999-2000. This platform had identified, inter alia, the following priorities for government action: (1) to ensure that the Labour Code, and the provisions of equal pay for work of equal value, are respected both in the public and private sectors, by reinforcing labour inspection; (2) to improve juridical procedures in order to redress discrimination in employment; and (3) to carry out periodic surveys on the state of women concerning discrimination in employment. The Committee would be grateful if the Government would provide further information on the practical follow-up by the Government, including by the CWF, of these recommendations in relation to the application of the principle of equal remuneration as well as on other activities relevant to the application of the Convention. More specifically, concerning the role of the labour inspectorate in ensuring the implementation of equal pay provisions, the Committee reiterates its previous request for information on the activities undertaken by the labour inspectorate in this regard, including information on the number of inspections made, the incidence of wage discrimination detected and the action taken to redress any such occurrences.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report.

1. With reference to its previous comments, the Committee notes from the statistical information provided by the Government that the average monthly wage of women amounts to 68 per cent of that of men. While concerning most occupations the differential is between 75 and 80 per cent, the Committee notes that among plant and machine operators, the difference in remuneration between men and women is particularly high, with women only earning 59 per cent of men’s salaries. The Committee asks the Government to provide information on the practical measures taken or envisaged to reduce the existing inequalities in respect to remuneration for men and women for work of equal value. The Government is also requested to continue to provide statistical information on the levels of remuneration of men and women, as outlined in the Committee’s general observation of 1998 on the application of the Convention.

2. The Committee recalls that section 115(1), read in conjunction with section 110 of the Labour Code (1995), provides for the application of the principle of equal remuneration for men and women for work of equal value in both individual and collective labour contracts. Recalling also that section 4 of the Labour Code excludes from its application persons whose employment is regulated by other legislation, the Committee reiterates its request to the Government to provide a copy of the Members of Peoples’ Assembly Act No. 7503 of 1998 and the Lawyers, Effective Assistance Lawyers, Prosecutors and Inquirers Act No. 7800 of 1994. The Committee recalls its request with regard to the types of activities and persons excluded under section 5(b) of the Code and hopes that the Government will provide information on this matter in its next report.

3. The Committee notes that, according to section 18 of Act No. 8549 of 1999 on the status of the civil servant, the salary of a civil servant is composed of a basic salary, which has three subcomponents: (a) a group salary based on the education level required by the position; (b) a seniority supplement; (c) a training supplement. The Committee notes that the position supplement reflects its relative value and special circumstances, that working conditions supplement reflects special working conditions; and that superior job performance bonuses are awarded on performance reviews and budgetary resources of each institution. The Committee asks the Government to provide a copy of the regulations that, pursuant to paragraph 3 of section 18(4) of the Act, govern the operation of the salary structure of the public service. The Committee notes that, by virtue of Instruction No. 2 on the "Annual Results Appreciation System of the Civil Servant", dated 7 September 2000, based on sections 16 and 29 of the Act, decisions on the outcome of probation periods, promotions and parallel transfers are based on objective criteria, such as merit, performance and attainment of goals. Please provide information on the implementation of the above provisions in practice.

4. The Committee notes the Government’s statement that the Committee for Equal Opportunities (CEO) considers the elimination of any kind of discrimination as its main priority; that it has a programme to raise awareness about equality issues between men and women in state and private organizations; and, that it intends to raise women’s awareness of their rights. The Committee asks the Government to provide details on the CEO’s activities to promote the principle of equal remuneration for men and women for work of equal value and the results obtained in this respect. Noting that in the Government’s view parliamentary Commission for Youth and Women set up in 1997 has not been effective so far, the Committee asks the Government to provide information on the work of this Commission and on any measures taken to improve its effectiveness with respect to promoting the principle of the Convention.

5. The Committee notes the establishment of the National Labour Council, pursuant to section 200 of the Labour Code, composed of subcommittees in which representatives of Government, employers’ and workers’ organizations participate. Noting that the subcommittees periodically discuss issues of equal pay between men and women, the Committee asks the Government to provide more detailed information on the work of the Council and its subcommittees on this matter.

6. The Committee noted in its previous direct request that the Council of Ministers had appointed a Committee on Women and Family (CWF) which finalized a platform of the Albanian Government for women for the years 1999-2000. This platform had identified, inter alia, the following priorities for government action: (1) to ensure that the Labour Code, and the provisions of equal pay for work of equal value, are respected both in the public and private sectors, by reinforcing labour inspection; (2) to improve juridical procedures in order to redress discrimination in employment; and (3) to carry out periodic surveys on the state of women concerning discrimination in employment. The Committee would be grateful if the Government would provide further information on the practical follow-up by the Government, including by the CWF, of these recommendations in relation to the application of the principle of equal remuneration as well as on other activities relevant to the application of the Convention. More specifically, concerning the role of the labour inspectorate in ensuring the implementation of equal pay provisions, the Committee reiterates its previous request for information on the activities undertaken by the labour inspectorate in this regard, including information on the number of inspections made, the incidence of wage discrimination detected and the action taken to redress any such occurrences.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

1.  The Committee notes the information in the Government’s report. It notes with interest that section 18(2) of the newly adopted national Constitution proscribes discrimination on the basis of, inter alia, gender. In its previous comments, the Committee had noted that section 115(1) read in conjunction with section 110 of the Labour Code (1995) provided for the application of the principle of equal remuneration for men and women for work of equal value in both individual and collective labour contracts, but that section 4 of the Labour Code excluded from its application persons whose employment is regulated by other legislation. In this regard, the Committee notes the existence of the Members of Peoples’ Assembly Status Act No. 7503 of 1998, the Military Forces Status Act No. 7496 of 1991 and the Lawyers, Effective Assistance Lawyers, Prosecutors and Inquirers Act No. 7800 of 1994. Unfortunately, the Committee has not received copies of the abovementioned legislation and requests the Government to include these texts in its next report. The Committee notes that the Government’s report does not contain a reply with regard to the types of activities and persons excluded under section 5(b) of the Code and hopes that the Government will provide information on this matter in its next report.

2.  With regard to application of the principle of the Convention to the public service, the Committee notes that section 12 of the Public Service Act No. 8095 of 1996 stipulates that political officials and civil employees enjoy the right "to receive a salary, pension and other bonuses, in concordance with the duty they exercise, according to the respective juridical dispositions", and provides for a number of employment-related benefits. The Committee notes, however, that none of the provisions of the Public Service Act expressly establishes the right for civil service employees to equal remuneration for work of equal value. It requests the Government to indicate whether it intends to give legal expression to the principle of the Convention as regards its application to the public service, and to provide information on the measures taken to ensure the application of the principle of equal pay to civil servants. The Committee would also be grateful if the Government would provide in its next report information on the wage scales applying in the public sector, with an indication of the percentage of men and women employed at different levels.

3.  Further to its previous comments, the Committee notes the Government’s statement that, as a result of the ILO/UNDP project on wage policy, efforts have been undertaken to decentralize the wage policy and to involve the social partners in this endeavour. The Committee requests the Government to indicate whether such efforts have included introducing job evaluation systems based on objective criteria, both to set wages in general and to ensure the application of the Convention.

4.  The Committee notes with interest that in 1998 the Council of Ministers upgraded the Women and Family Department of the Ministry of Labour, Emigration, Social Protection and the Ex-politically Persecuted to the Council of Ministers level, appointing a Committee on Women and Family (CWF) reporting directly to the Office of the Vice-Prime Minister. The Committee notes from the information received that the CWF has finalized the Platform of the Albanian Government for Women for the years 1999-2000, which has identified, inter alia, the following priorities for government action: (1) to ensure that the Labour Code, and the provisions of equal pay for work of equal value, are respected both in the public and private sectors, by reinforcing labour inspection; (2) to improve juridical procedures in order to redress discrimination in employment; and (3) to carry out periodic surveys on the state of women concerning discrimination in employment. The Committee would be grateful if the Government could provide further information on the practical follow-up by the Government, including by the CWF, of these recommendations in relation to the application of the principle of equal remuneration as well as on other activities relevant to the application of the Convention. More specifically concerning the role of the labour inspectorate in ensuring the implementation of equal pay provisions, the Committee reiterates its previous request for information on the activities undertaken by the labour inspectorate in this regard, including information on the number of inspections made, the incidence of wage discrimination detected and the action taken to redress any such occurrences.

5.  The Committee notes that the Platform text considers the collection and dissemination of gender-disaggregated data to be essential for policy formulation and notes with interest the publication by the CWF of a complete statistical series disaggregated by sex. It notes the statistical data on employment and education of men and women and refers in this respect to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Referring to its 1998 general observation on this Convention, the Committee would, however, be grateful if the Government could also provide any available data on wage statistics compiled by the CWF or any other institution which could give an indication of the relative earnings of men and women.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the information in the Government's report. It notes with interest that section 18(2) of the newly adopted national Constitution proscribes discrimination on the basis of, inter alia, gender. In its previous comments, the Committee had noted that section 115(1) read in conjunction with section 110 of the Labour Code (1995) provided for the application of the principle of equal remuneration for men and women for work of equal value in both individual and collective labour contracts, but that section 4 of the Labour Code excluded from its application persons whose employment is regulated by other legislation. In this regard, the Committee notes the existence of the Members of Peoples' Assembly Status Act No. 7503 of 1998, the Military Forces Status Act No. 7496 of 1991 and the Lawyers, Effective Assistance Lawyers, Prosecutors and Inquirers Act No. 7800 of 1994. Unfortunately, the Committee has not received copies of the abovementioned legislation and requests the Government to include these texts in its next report. The Committee notes that the Government's report does not contain a reply with regard to the types of activities and persons excluded under section 5(b) of the Code and hopes that the Government will provide information on this matter in its next report.

2. With regard to application of the principle of the Convention to the public service, the Committee notes that section 12 of the Public Service Act No. 8095 of 1996 stipulates that political officials and civil employees enjoy the right "to receive a salary, pension and other bonuses, in concordance with the duty they exercise, according to the respective juridical dispositions", and provides for a number of employment-related benefits. The Committee notes, however, that none of the provisions of the Public Service Act expressly establishes the right for civil service employees to equal remuneration for work of equal value. It requests the Government to indicate whether it intends to give legal expression to the principle of the Convention as regards its application to the public service, and to provide information on the measures taken to ensure the application of the principle of equal pay to civil servants. The Committee would also be grateful if the Government would provide in its next report information on the wage scales applying in the public sector, with an indication of the percentage of men and women employed at different levels.

3. Further to its previous comments, the Committee notes the Government's statement that, as a result of the ILO/UNDP project on wage policy, efforts have been undertaken to decentralize the wage policy and to involve the social partners in this endeavour. The Committee requests the Government to indicate whether such efforts have included introducing job evaluation systems based on objective criteria, both to set wages in general and to ensure the application of the Convention.

4. The Committee notes with interest that in 1998 the Council of Ministers upgraded the Women and Family Department of the Ministry of Labour, Emigration, Social Protection and the Ex-politically Persecuted to the Council of Ministers level, appointing a Committee on Women and Family (CWF) reporting directly to the Office of the Vice-Prime Minister. The Committee notes from the information received that the CWF has finalized the Platform of the Albanian Government for Women for the years 1999-2000, which has identified, inter alia, the following priorities for government action: (1) to ensure that the Labour Code, and the provisions of equal pay for work of equal value, are respected both in the public and private sectors, by reinforcing labour inspection; (2) to improve juridical procedures in order to redress discrimination in employment; and (3) to carry out periodic surveys on the state of women concerning discrimination in employment. The Committee would be grateful if the Government could provide further information on the practical follow-up by the Government, including by the CWF, of these recommendations in relation to the application of the principle of equal remuneration as well as on other activities relevant to the application of the Convention. More specifically concerning the role of the labour inspectorate in ensuring the implementation of equal pay provisions, the Committee reiterates its previous request for information on the activities undertaken by the labour inspectorate in this regard, including information on the number of inspections made, the incidence of wage discrimination detected and the action taken to redress any such occurrences.

5. The Committee notes that the Platform text considers the collection and dissemination of gender-disaggregated data to be essential for policy formulation and notes with interest the publication by the CWF of a complete statistical series disaggregated by sex. It notes the statistical data on employment and education of men and women and refers in this respect to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Referring to its 1998 general observation on this Convention, the Committee would, however, be grateful if the Government could also provide any available data on wage statistics compiled by the CWF or any other institution which could give an indication of the relative earnings of men and women.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes from the Government's report that section 25 of the chapter on fundamental human rights and freedoms of Act No. 7692 of 1993 (supplementing Act No. 7491 of 1991 on the principal constitutional provisions) provides for equality for all persons in and before the law, and proscribes discrimination on the basis of, inter alia, sex. The Committee also notes with interest that the Labour Code (Act No. 7961 of 1995) provides explicitly under section 115(1) for the employer to pay the same remuneration to men and women workers for work of equal value which, by virtue of section 110 of the Code, applies to wages paid both under individual and collective labour contracts. Noting that section 4 of the Labour Code excludes from its application those persons whose employment is regulated by other legislation, the Committee requests the Government to indicate the specific categories of workers so excluded and to provide details on the measures taken to apply to those persons or occupations the provisions of the Convention. The Committee requests the Government to provide, in this regard, information on any measures taken to ensure the application of the Convention to civil servants. Please also indicate precisely the types of activities and persons excluded under section 5(a) of the Code.

2. The Committee is aware that a major project on wage policy, funded by the UNDP and implemented by the ILO on a tripartite basis, is being undertaken in the country with the broad aim of assisting the transition from a unilateral and centralized wage regulation system towards a more consultative and decentralized wage policy. The first phase of this project involved training the relevant officials from the different state agencies (Ministry of Labour and Industry, National Institute of Statistics, trade union and employer representatives) and the second phase, which commenced in January 1996, provides assistance in formulating and implementing a national pay reform policy. The Committee notes with interest that a tripartite committee on wages will be established in the framework of this new pay policy. Noting from the Government's report that no systems of job appraisal have so far been adopted, the Committee requests the Government to indicate whether, following the conclusion of the wage policy project, consideration will be given to introducing job evaluation systems, both to set wages in general and to ensure the application of the Convention. The Committee also hopes that, once wage statistics are maintained, the Government will be able to provide information on the relative earnings of men and women.

3. The Committee notes with interest that the Work and Family Department of the Ministry of Labour, Emigration, Social Protection and the Ex-politically Persecuted is holding seminars and courses with the participation of representatives of employment offices and workers' organizations on ILO standards and national legislation dealing with women workers' rights. The Committee requests the Government to continue providing information on any measures taken by the Work and Family Department, or by other organizations, to promote the observance of the Convention.

4. The Committee requests the Government to provide information on the activities undertaken by the Labour Inspectorate to ensure the implementation of the equal pay provisions contained in section 115 of the Labour Code, including information on the number of inspections made, the incidence of wage discrimination detected and the action taken to redress any such occurrences.