Equal Remuneration Convention, 1951 (No. 100) - Latvia (Ratification: 1992)

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

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The Committee notes the observations of the Free Trade Union Confederation of Latvia (FTUCL) communicated with the Government’s reports.

Article 2 of the Convention. Minimum wages. The Committee notes the information provided by Government, in its report, that an Informative Report was undertaken in 2021 “On the Application of the Regulations Stipulated in section 68.3 and 68.4 of the Labour Law in Practice and its Effect on the Legal Status of Employees” according to which it was found that the construction sector (a sector with a low proportion of women) is currently the only sector where current general agreement uses section 68.3 and 68.4 (which determines a lower amount of overtime pay, while at the same time providing for a higher minimum wage rate for employees in the sector). The report concluded that, in general, the possibility to pay a reduced bonus for overtime work provided for by the general agreement of the construction sector, while increasing the wages of those working in the industry, has contributed to the increase in wages for those working in the sector, and was assessed as an employee condition-improving measure. The Committee notes the Government’s statement that, from January 2023, the minimum monthly wage within normal working time increased to €620, and from January 2024 – €700 (up from €500 in 2022). The Committee notes the statistics provided by the Government that the share in number of employees with income who are paid the statutory minimum wage is 3.7 per cent for women and 4.4 per cent for men. In the absence of information provided in this regard,the Committee reiterates its request to the Government to provide information on the measures taken to ensure that minimum wage rates for specific groups of employees or sectors are determined on the basis of objective criteria free from gender bias, and that work in sectors with a high proportion of women is not undervalued in comparison with sectors in which men are predominantly employed. The Committee asks the Government to continue to provide information on any increase in minimum wages, as well as statistical information on the percentage of women and men who are paid the statutory minimum wage.

Collective agreements. The Committee recalls the FTUCL’s intention to introduce specific provisions on equal remuneration for work of equal “value” in collective agreements, and that in 2019 both the FTUCL and the Employer’s Confederation of Latvia (ECL) had invited public authorities to support the development of collective agreements in Latvia, in particular at the sectoral level, to promote the inclusion of equal pay clauses in collective agreements. The Committee notes that, during the reporting period, no collective agreements incorporating the principle of equal pay has been concluded. In its observations, the FTUCL reiterates its regret that section 166 of the Administrative Violations Code (which provides for a fine in case of non-compliance with the provisions of a collective agreement) has not been reproduced in the Labour Law and points out that effective sanctions are important to ensure the effective implementation of collective agreements. The Committee asks the Government to continue providing information on: (i) the number of collective agreements that have incorporated the principle of equal remuneration for work of equal value; (ii) any measures taken as a follow-up to the joint invitation by FTUCL and ECL to promote the inclusion of equal pay clauses in collective agreements, in particular at the sectoral level; and (iii) the number and outcome of cases of non-compliance with the equal pay provisions of collective agreements.

Article 3. Objective job evaluation. Public service. The Committee notes the 2021 amendments (in force in 2022) to the Law on Remuneration of Officials and Employees of State and Local Government Authorities of 1st December 2009 which introduced the first major changes to the public sector remuneration system since its adoption and aims to reform the remuneration system to increase salary for officials and employees in public sector institutions. It also notes the adoption by the Cabinet of Ministers of two regulations which came into force in 2022: (1) the Regulation No.262 - “Catalogue of Positions of State and Local Government Authorities, Procedure for Developing Job Classification and Job Description”, and (2) Regulation No. 361 – Regarding the Remuneration of Officials and Employees of State Authorities and the Procedures for Determining Such Remuneration and also Regarding the Professions and Specific Fields to which a Market Coefficient shall be Applicable. The Committee further notes the Governments indication that in the new Regulation No.361, the criteria for determining monthly salaries has been changed and will help State and local government institutions to use equivalent conditions in determining the remuneration of officials, including ensuring salary transparency standards and reducing the salary differences between women and men. It notes the information provided by the Government on the methodology used for job classification and assigning salaries, including that the purpose of job classification is to ensure that equal and equivalent positions are classified equally and that positions are compared using position or job descriptions and evaluating the job characteristics included in them, which include job complexity, mental effort, cooperation, management function, responsibility for work results, responsibility for decisions, as well as the education and professional experience necessary to fulfil the duties of the position; and that after classification, corresponding monthly salary groups are assigned. The Committee recalls that whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias, as often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (2012 General survey on the fundamental Conventions, paragraph 701). It notes that according to 2021 Eurostat data, the unadjusted pay gap in the public sector was slightly higher than the private sector at 15.6 per cent. (Gender Pay Gap Statistics, Eurostat data explained, data from November 2021). The Committee asks the Government to provide information on the measures taken to ensure that the job evaluation methods used in the recent reform in the public sector remuneration system was free from gender bias, either directly or indirectly. It also asks the Government to provide statistical data on the distribution of women and men in the occupational categories established in the new system and their remuneration levels.

Private sector. In response to the Committee’s request for information on measures taken to promote in the private sector the use of objective job evaluation methods and criteria that are free from gender bias and on the methods used by private companies to conduct salary surveys, specifying the factors used to assess the value of the different jobs in practice, the Government reiterates that private companies conduct salary surveys or internal company audits without providing information at the methods used. The Committee notes the Governments indication that under the new European Union (EU) Directive 2023/970, employers in the EU will have to provide information on how much they pay women and men for work of the same or equal “value” and take action if the gender pay gap exceeds 5 per cent. The Committee reiterates its request to the Government to provide information on any measures taken to promote the use in the private sector of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities, and conditions of work, including information on any cooperation with employers’ and workers’ organizations in this regard. It also asks the Government to provide information on the steps taken to implement EU Directive 2023/97.

Article 4. Cooperation with workers’ and employers’ organizations. Pay transparency. The Committee recalls that, for several years, it has noted that the Tripartite Sub-council on Labour Affairs has reviewed the European Commission Recommendation 2014/124/EU of 7 March 2014 on strengthening the principle of equal pay between men and women through transparency with the aim of determining how it could be implemented and that the FTUCL has identified a number of measures that should be adopted for this purpose and highlighted that particular difficulties exist in some sectors in gaining access to pay information. The Committee notes the Government repeated indication that ECL has carried out awareness-raising activities on wage transparency. It notes, from the 2022 EU Country report on Gender Equality, that there are no specific rules or procedures to provide wage transparency in the country. According to Article 11(1) of the Labour Law, workers’ representatives or trade unions have the right to require information on pay levels, however in practice there is no information on where such a right would have been used (Country report on gender equality, Latvia, 2022, page 23). The Committee recalls, in that regard, the adoption in May 2023 of the European Union Directive 2023/970 to strengthen the application of the principle of equal pay for equal work or work of equal “value” between men and women through pay transparency and enforcement mechanisms, and the Government indication that it is currently working on the transposition of the EU Directive. The Committee asks the Government to provide information on the steps taken to transpose in its national legal framework the EU Directive 2023/970, in consultation with workers’ and employers’ organizations.

Enforcement. The Committee notes the Governments indication that work has already begun on the adoption of the Directive 2023/970 requirement that Member States ensure limitation periods for bringing equal pay claims be no shorter than three years. The Committee notes the information provided by the Government on the trainings of judges on the EU anti-discrimination law where the topic of equal pay for work of equal “value” between women and men was discussed. It also notes that, over the reporting period, two applications were examined by the State Labour Inspectorate (both in 2020) regarding the application of section 60 of the Labour Law (equal work remuneration) but that no further information is available as the database is under reform. It further notes that the Ombudsman’s Office has not received any applications regarding equal pay for work of equal value between women and men. Given the low levels of reporting, the Committee asks the Government to step up its efforts to build the capacity of labour inspectors, judges, and the staff of the Office of the Ombudsperson to enable them to detect unequal pay cases and impose dissuasive penalties.It further asks the Government to provide any information on any awareness-raising activities undertaken on the principle of the Convention to ensure that worker, employers, and their organizations are aware of the complaint’s mechanisms related to the right to equal pay for work of equal “value” for women and men. The Committee asks the Government to provide information on any measures taken to amend section 60(3) of the Labour Law to extend the time limit to bring a claim to court for unequal pay.

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

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Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. The Committee notes that the study to be undertaken by the Ministry of Welfare on the extent and causes of wage differentials between men and women was not conducted in 2020 due to the lack of funding, and that a study on the pay gap between women and men is planned for 2024. It notes from the Government’s report (Annex 2) that in 2022 the gender pay differential in gross monthly earnings was 16.4 per cent in favour of men, up from 13.3 in 2021, and that in some sectors the disparity was extremely high including 53 per cent (sports activities and amusement and recreation activities), 37.8 per cent (telecommunications), 37.6 per cent (insurance, reinsurance and pension funding), 33 per cent (financial and insurance activities), and 26.8 per cent (scientific research and development). It further notes that Eurostat 2021 data show that, while across most European countries the unadjusted gender pay gap is lowest for the younger population and increases with age, in Latvia, the trend is reversed, higher in those aged 25–44, and decreasing for older Latvians; and that Latvia has the highest unadjusted gender pay gap in Europe for those aged 25–34 (19.1 per cent) and 34–44 (22.3 per cent) (Gender Pay Gap Statistics). In addition, the Committee notes the concern of the United Nations Committee on Economic, Social and Cultural Rights about the persistent gender pay gap and that the majority of women continue to work in sectors with a low average wage, including the hospitality sector and domestic work; and that despite efforts undertaken by the State party, women are still underrepresented in senior and decision-making positions in both the private and public sectors, including in the civil service (E/C.12/LVA/CO/2, 30 March 2021, paragraph 20). It also takes note of the adoption in May 2023 of the European Union Directive 2023/970 to strengthen the application of the principle of equal pay for equal work or work of equal “value” between men and women through pay transparency and enforcement mechanisms. This directive, which is applicable to public and private sectors, aims to combat pay discrimination and help close the gender pay gap in the EU. Under the new rules, EU companies will be required to share information on salaries and act if their gender pay gap exceeds 5 per cent. The directive also includes provisions on compensation for victims of pay discrimination and penalties, including fines, for employers who break the rules. The Government indicates that an evaluation to transpose the EU Directive is underway and that there is a pilot project in development: (1) to identify pay transparency issues, (2) what type of pay models exist in companies and organizations, and (3) to identify possible solutions to implement the principle of wage transparency. The Committee further notes the adoption of the Plan for Promotion of Equal Rights and Opportunities for Women and Men 2021–2023, and that the Ministry of Welfare, together with the Institute of Corporate Sustainability and Responsibility, organized seminars in 2021 and 2022 on the most effective ways of bridging the pay gap. It also notes that the focus of career week in 2021 was “Information and Communication Technology (ICT) for Your Career” with a special focus on gender equality, promotion of women’s career opportunities in the field of ICT and addressing stereotypes about ICT as a males’ profession. The Committee notes the efforts of the Government to bridge the digital gender divide, through the development of digital skills and that women were more active than men in applying for the programmes. The Committee asks the Government to provide information on the findings of the planned 2024 study on the pay gap between women and men, the pilot project to identify pay transparency issues and the evaluation of the legal aspects of the Directive 2023/970 for transposition, as well as on any recommendations made based on these findings. It also asks the Government to continue to provide information on the measures and activities undertaken: (i) to address the gender pay gap, including horizontal and vertical occupational segregation; and (ii) to promote better access to the labour market and jobs with career prospects and higher pay for disadvantaged groups of women, such as Roma women or women belonging to other ethnic minority groups, rural women, women with disabilities. Finally, the Committee asks the Government to continue to provide statistical data on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

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

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

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the observations of the Free Trade Union Confederation of Latvia (FTUCL) communicated with the Government’s reports.

Article 2 of the Convention. Minimum wages. The Committee notes the Government’s statement in its report that the minimum monthly wage was increased several times between 2014 and 2018 (from EUR320 to EUR430). It notes however that in 2019 and 2020, the minimum wage remained at the same level. The Government adds that in 2018 and 2019, amendments were made to several regulations of the Cabinet of Ministers to increase the lowest monthly salary for workers in the health-care and education sectors, who are mostly women. The Committee welcomes this information. It notes the Government’s indication that on 28 March 2019, amendments were made to section 68 of the Labour Law regarding supplements for overtime work or work on a public holiday, which provide that in sectors where the minimum wage has been significantly increased by general agreement it will be possible to set a lower supplement for overtime work. In the Government’s view, the possibility to determine lower overtime pay will facilitate the conclusion of general agreements in sectors, while setting the minimum wage significantly higher than the national minimum wage. The Committee further notes that in its supplementary information the Government indicates that, since 1 June 2019, three general sectoral agreements have been concluded setting minimum monthly wages or hourly rates. In light of the concentration of women in low-paid economic activity, the Committee asks the Government to provide information on the measures taken to ensure that minimum wage rates for specific groups of employees or sectors are determined on the basis of objective criteria free from gender bias, and that work in sectors with a high proportion of women is not undervalued in comparison with sectors in which men are predominantly employed. It asks the Government to provide information on any assessment made of the amendments introduced to section 68 of the Labour Law in order to ensure that women are not disproportionally affected by lower supplements for overtime work, which may contribute to unequal pay between men and women. The Committee asks the Government to provide information on any increase in minimum wages, as well as statistical information on the percentage of women and men who are paid the statutory minimum wage.

Collective agreements. The Committee previously noted the FTUCL’s intention to introduce specific provisions on equal remuneration for work of equal value in collective agreements. It notes the Government’s statement that in 2017 the Gender Equality Council of the FTUCL published a roadmap on gender equality for trade unions which provides information on equal pay, the gender pay gap and work-life balance, thus encouraging trade unions to promote equal pay through collective bargaining. The Government indicates that currently, two sectoral collective agreements (in the railway and health-care sectors) require the employer and the trade union to agree in local level collective agreements on the remuneration system and principles that comply with the national legislation, including the principle of equal remuneration for equal work or work of equal value. In its supplementary information, the Government adds that the sectoral general agreements concluded in 2019 for the construction and fiberglass sectors guarantee fair remuneration. The Committee notes the Government’s indication that in December 2019 both the FTUCL and the Employer’s Confederation of Latvia (ECL) invited public authorities to support the development of collective agreements in Latvia, in particular at the sectoral level, which would further promote the inclusion of equal pay clauses in collective agreements. It notes the Government’s statement that, according to FTUCL statistics, only 24 per cent of workers are covered by collective agreements. The Committee further notes that, in its supplementary information, the Government indicates that, pursuant to the Law of 17 October 2019 ("Amendments to the Labour Law"), the penalties for administrative violations provided for in the Latvian Administrative Violations Code of 1984 have been incorporated with slight amendments into the Labour Law. It however notes that, in its observations, the FTUCL regrets that section 166 of the Administrative Violations Code, which provides for a fine in case of non-compliance with the provisions of a collective agreement, has not been reproduced in the Labour Law, which does not include a similar provision. In the view of the FTUCL, effective sanctions are important to ensure the effective implementation of collective agreements. The Committee notes the Government’s reply that the draft amendments to the Labour Law were discussed with the social partners. The Committee asks the Government to continue providing information on the number of collective agreements that have incorporated the principle of equal remuneration for work of equal value, as well as an extract of the relevant provisions. It also asks the Government to provide information on any measures taken as a follow-up to the invitation by FTUCL and ECL to further develop collective agreements, in particular at the sectoral level, and their impact in reducing the gender pay gap. The Committee asks the Government to provide information on the measures taken to ensure the efficient implementation of collective agreements, including on the number and outcome of cases of non-compliance with the equal pay provisions of collective agreements.

Article 3. Objective job evaluation. Public service. Referring to its previous comments, the Committee notes the Government’s statement that several amendments have been made to the Regulation of the Cabinet of Ministers No. 1075 of 30 November 2010 on the “Occupation Catalogue of State and Local Government Institutions” and that a full review of the remuneration system in the public administration is ongoing. With regard to the determination of remuneration, the Government states that for the public service the value of the post and the corresponding monthly salary group is determined on the basis of the qualification requirements (education and professional experience), the complexity of the work and the level of responsibility. Each authority in turn establishes its own remuneration policy, including how the monthly salary is determined for employees, taking into account their individual qualifications and skills. The Government states that the evaluation process draws attention to the fact that posts should be assessed as if they were vacant. It adds that such a system excludes the possibility of relying on personal qualities not related to the quality of work and professionalism in determining the remuneration of the employee. The Committee takes notes of this information. In light of the broad gender pay gap in the public sector, the Committee asks the Government to provide information on the specific measures taken to ensure that the job evaluation methods used in the public service for the review of the remuneration system are free from gender bias, and that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. It further asks the Government to provide information on the catalogues of occupational activities in the public service that have been established, including statistical data on the distribution of women and men in each occupational category and their remuneration levels.

Private sector. Referring to its previous comments, in which it requested the Government, in cooperation with workers’ and employers’ organizations, to develop, promote and implement practical approaches and methods for the objective evaluation of jobs in the private sector, the Committee notes that, in its additional information, the Government indicates that private companies conduct salary surveys or internal company audits to understand differences in salaries within the company and trends in the industry and the economy as a whole. Furthermore, statistical data is collected and analysed at the enterprise level to develop and improve the wage system. The Committee wishes to emphasize that the effective implementation of the principle of the Convention requires the use of a job evaluation method in order to measure and compare the relative value of the different jobs held by men and women through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skills and qualifications, effort, responsibilities and working conditions, to avoid the assessment being tainted by gender bias (2012 General survey on the fundamental Conventions, paragraph 695). The Committee asks the Government to provide information on the methods used by private companies to conduct salary surveys, specifying the factors used to assess the value of the different jobs in practice. In light of the increasing gender pay gap in the private sector, the Committee asks the Government to provide information on any measures taken to promote the use in the private sector of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, including information on any cooperation with employers’ and workers’ organizations in this regard, for the purpose of giving effect to the provisions of the Convention.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee previously noted that the Tripartite Sub-council on Labour Affairs has reviewed on several occasions the European Commission Recommendation 2014/124/EU of 7 March 2014 on strengthening the principle of equal pay between men and women through transparency with the aim of determining how it could be implemented. It noted that the FTUCL has identified a number of measures that should be adopted for this purpose and highlighted that particular difficulties exist in some sectors in gaining access to pay information. The Committee regrets the lack of information provided by the Government on the measures envisaged to ensure pay transparency or access to pay information in order to help reduce the gender pay gap. It notes however that, in its supplementary information, the Government indicates that the ECL has carried out awareness-raising activities among employers on the European Commission Recommendation on wage transparency and that employers are increasingly using tools to implement the principle of wage transparency. The Committee welcomes this information. It however notes that, as highlighted in the 2020 European Commission country report on gender equality, workers do not have at their disposal effective means of access to information on remuneration, which is usually confidential (Country report on gender equality, Latvia, 2020, p. 61). The Committee asks the Government to provide information on the nature of the tools used by employers to implement the principle of wage transparency, as well as any assessment made of the extent to which employers are using such tools and their impact on reducing the gender pay gap. In light of the absence of complaints or cases on unequal pay dealt with by the competent authorities in recent years, it asks the Government to continue providing information on any measures taken, particularly at the national level and in cooperation with the social partners, to promote access to pay information. The Committee further asks the Government to provide information on any other steps and action undertaken to promote the implementation of the principle of the Convention in cooperation with the social partners, and the results of such initiatives.

Enforcement. The Committee notes the Government’s indication that no case or complaint on unequal pay has been dealt with by the State Labour Inspectorate (SLI) or the Ombudsperson since 2016. It however notes that, in its supplementary information, the Government refers to a case in December 2019 in which the SLI detected violations of the principle of equal rights to work and working conditions, in which employees who held the same positions and performed the same work duties were paid different remuneration. The Committee also observes that the administrative sanction imposed by the SLI was a warning to the company. With regard to judicial decisions, the Committee notes the Government’s indication that no statistics are available as cases on unequal pay are not registered as such by the national courts. It however notes that, in its observations, the FTUCL considers that the strict time limit set in the Labour Law to bring a claim to court in cases of unequal pay – three months compared to a two-year limit in other cases of labour disputes (sections 60(3) and 95(5) of the Labour Law) - may be a deterrent for unequal pay claims, and refers in this regard to the strict interpretation made by the courts of the three-month time limit set in the Labour Law (Supreme Court, judgement SKC-79/2018). The FTUCL adds that in its experience employees rarely choose to engage in a dispute with their employers during the employment relationship, thus losing the opportunity to bring unequal pay claims, and it suggests extending the time limit to two years. Referring to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which it notes that similar concerns were expressed regarding the time limit for bringing discrimination claims to court in employment cases, the Committee notes that, in its supplementary information, the Government states that the proposal of the FTUCL will be discussed with the social partners when the next amendments are prepared to the Labour Law. The Committee asks the Government to provide information on any measures taken or envisaged to amend section 60(3) of the Labour Law to extend the time limit to bring a claim to court for unequal pay in order to ensure appropriate access to justice and means of redress to workers. It further asks the Government to provide information on any activities undertaken to build the capacity of labour inspectors, judges and the staff of the Office of the Ombudsperson to enable them to detect unequal pay cases and impose dissuasive penalties. The Committee asks the Government to continue providing information on the number of cases of unequal pay detected or dealt with by the labour inspectorate, the Ombudsperson or the courts, as well as the sanctions imposed and remedies granted.

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

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the observations of the Free Trade Union Confederation of Latvia (FTUCL) communicated with the Government’s reports.

Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap. Referring to its previous comments, the Committee notes from the statistical information provided by the Government in its report, that, in 2018, gender pay differentials in gross monthly earnings were still higher in the public sector than in the private sector (18.2 per cent and 15.1 per cent respectively), but continued to widen in the private sector, while they slightly decreased in the public sector. The Committee notes, from Eurostat data, that the unadjusted gender pay gap (the difference between the average gross hourly earnings of men and women expressed as a percentage of the average gross hourly earnings of men) was estimated at 14.1 per cent in 2018. However, the gender pay gap was as high as 34.9 per cent in the financial and insurance activities and 25.3 per cent in wholesale and retail trade. The Committee notes the adoption of the Plan for the Promotion of Equal Rights and Opportunities for Women and Men for 2018–2020 which focuses on promoting economic independence and equal opportunities for women and men in the labour market, in particular by contributing to the achievement of the Inclusive Employment Guidelines for 2015-2020 which set as a priority to reduce the gender pay gap. It notes the Government’s statement that, as a result, a study on the factors and causes of gender pay inequality, and its prevalence in certain sectors, was to be finalized by the Ministry of Welfare in the course of 2020. As regards its previous comments concerning the inclusion of equal remuneration in the indicators of the “Sustainability Index” for enterprises, the Committee notes the lack of information provided by the Government on the contents of the guidelines and recommendations developed by experts for each enterprise or on any follow-up action undertaken to ensure their implementation. Referring to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), concerning gender occupational segregation, the Committee notes, from the statistical information provided by the Government, that women are mostly represented in economic activities characterized by low levels of remuneration, such as accommodation and food; education; human health and social work and other service activities. It further notes that women employed in the same economic activity as men systematically receive lower remuneration. The Committee notes this information with concern. It further notes that, in its 2018 report under the national-level review of implementation of the Beijing Declaration, the Government highlights that the gender pay gap, differences in labour market participation, and the division of care responsibilities are a set of reasons that impact on women’s pensions, the difference in pensions between women and men being estimated at 12.7 per cent in 2016 (page 32). In that regard, the Committee notes that, in its 2020 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the persistent gender pay gap resulting in lower pension benefits in traditionally female-dominated occupations (CEDAW/C/LVA/CO/4-7, 10 March 2020, paragraph 35(a)). The Committee further notes that, in its July 2020 report on the impact of COVID-19 measures on gender equality, the European network of legal experts on gender equality and non-discrimination from the European Commission highlighted that among the recipients of sickness allowance for leave on account of a COVID-19 diagnosis or quarantine, female workers were entitled to a daily sickness allowance which was €3.50 lower than for male workers, again highlighting the existing pay gap. The Committee urges the Government to provide information on the concrete measures and activities undertaken to address the gender pay gap, both in the public and private sectors, in particular by addressing occupational gender segregation and promoting women’s access to jobs with career prospects and higher pay, including in the framework of the Plan for the Promotion of Equal Rights and Opportunities for Women and Men for 2018–2020 and the Sustainability Index. In that regard, it asks the Government to provide information on the content of the study undertaken by the Ministry of Welfare or any other authorities concerning the extent and causes of wage differentials between men and women, as well as on any recommendations made to address it. The Committee asks the Government to continue to provide statistical data on the earnings of men and women, disaggregated by economic activity and occupation, both in the public and private sectors.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Free Trade Union Confederation of Latvia (FTUC).

Article 2 of the Convention. Application by means of legislation. Public service. The Committee notes from Eurostat gender pay gap statistics that the gender pay gap is larger in the public service than in the private sector (19.4 per cent compared to 14.2 per cent). It further notes that, while the gender gap has decreased somewhat in the public sector, it remains significant and has continued to widen in the private sector over the past four years recorded (2011–14). The Committee notes the amendments to Cabinet Regulation No. 1073 of 30 November 2010 which provides more specifically that the purpose of classification of occupations is to ensure that equivalent and similar occupations are classified in the same way and sets out the comparators used for the classification system such as complexity of work, mental strain, cooperation, management functions, responsibility, as well as education and experience necessary to carry out the duties. The Committee notes the objective nature of these criteria and the explanations of the Government and that the classification system does not directly discriminate against women. The Committee however recalls that indirect discrimination may exist in the establishment or application of the system and the attachment of the remuneration structure to the occupational classifications, such as when occupations traditionally held by women are undervalued compared to those traditionally held by men. Noting the wide gender pay gap in the public service, the Committee hopes the Government will consider undertaking a gender pay review and analysis of the local and state government authorities as well as the State Civil Service to determine the causes of the pay gap and the remedial action necessary and be able to report on the concrete steps taken in its next report.

Application by means of equality policies. The Committee notes the various measures taken to promote gender equality in employment which the Government indicated addressed gender segregation in the labour market, a recognized cause of the gender pay gap. The Committee refers to its direct request under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), where it pointed out that none of the reported measures appeared to target or support skills training of men and women or entry into employment in non-traditional occupations or sectors. The Committee notes the inclusion of equal remuneration in the indicators of the “Sustainability Index” and that experts developed advice and guidelines for each undertaking. The Committee also notes the study of women in large undertakings and that recommendations have been drawn up. The Committee asks the Government to provide information on the contents of the guidelines and recommendations drawn up for undertakings and the follow-up action to ensure their implementation. It also asks the Government to provide information on the employment and remuneration impact of any measures taken to address the occupational segregation and the promotion of balancing work and family responsibilities for men and women.

Article 2(c). Application by means of collective agreement. Further to its observation, the Committee notes the intention of the FTUC to seek to introduce specific provisions on equal remuneration for work of equal value in collective agreements. It further notes from the Government’s report that the Employers’ Confederation of Latvia (ECA) and the FTUC entered into an agreement on 20 September 2013 to continue cooperation in a number of fields including provision of equal opportunities, improvement in remuneration and opportunities for women with families. It also notes that in promoting the reconciliation of work and family life, the social partners emphasized the involvement of men in taking care of children, and advocated for the introduction and use of the ten-day paid leave that is granted to the father after the child is born. The Committee asks the Government to provide information on how equal remuneration for work of equal value is being included and promoted through collective bargaining, including examples of specific provisions and actions taken. It further asks for information on the implementation of the agreement between the ECA and the FTUC to address and reduce the gender pay gap, including through measures such as the promotion of reconciliation of work and family for both men and women workers.

Article 3. Objective job evaluation. The Committee notes the information on the Supreme Court judgment in Case No. SKC-67 of the Civil Matters Department of the Supreme Court of the Republic of Latvia where it was recognized that the principle of equal pay for men and women for the same work or work of equal value was not only limited to such cases where men and women concurrently perform the same work or work of the same value with the same employer. According to the report it means that rates of remuneration for employees who consecutively replace one another are comparable. The Committee notes the understanding of the principle of equal value contained in the Government’s report. Based on this understanding and with reference to the information in the observation and the agreement between the ECA and the FTUC mentioned above, the Committee again asks the Government, in cooperation with workers and employers’ organizations, to develop, promote and implement practical approaches and methods, such as developing guidelines or job evaluation methodologies, to assist in effectively applying the principle of equal remuneration for work of equal value. The Committee asks the Government to report on the steps taken whether at the undertaking, sector, local or national level.

Enforcement. The Committee notes the information on the capacity building of labour inspectors and judges and the few cases on inequality with respect to remuneration. The Committee hopes that the Government will continue to build the capacity of the labour inspectorate, judges and the Office of the Ombudsman to handle matters of discrimination including in equal pay and that it will continue to provide information on the number, nature and outcome of complaints of equal remuneration made to the labour inspectorate, ombudsman or courts.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Free Trade Union Confederation of Latvia (FTUC) attached to the Government’s report.

Article 4 of the Convention. Cooperation with workers’ and employers’ organizations. The Committee notes from the report of the Government that the Tripartite Sub-council on Labour Affairs, on several occasions in 2014 and 2015, reviewed the Recommendation from the European Commission (EC) of 7 March 2014 on strengthening the principle of equal pay for men and women through transparency, with the aim of determining how it could be implemented. The FTUC has identified a number of measures that should be adopted to implement the EC Recommendation including: the insertion of specific provisions in collective agreements; establishment of joint committees with representatives of the employer and trade unions at the undertaking level to develop and introduce a transparent and equal pay system according to objective criteria; promotion of educational activities; and monitoring of the implementation of an equal pay system and any infringements of equal pay. The Committee notes from FTUC‘s observations that in practice the trade unions are faced occasionally with challenges in ascertaining the full extent of the application of the laws prohibiting discrimination. In particular, FTUC points to the practice, for example in the energy sector, of remuneration systems being classified as confidential and thereby inaccessible to the trade unions except through petitioning the courts, state labour inspectorate or the Ombudsperson. The Committee welcomes that the Tripartite Sub-council on Labour Affairs has taken up the issue of equal pay, and hopes that follow-up action will result in the implementation of specific measures, such as those mentioned by FTUC, to address and reduce the significant gender pay gap in both the public and private sectors. The Committee recalls that, in general, transparency of pay and promotion structures have been identified as factors that could address pay structure differences and help reduce the gender pay gap. Given the particular difficulties in having access to pay information, the Committee encourages the Government to adopt measures requiring, as much as possible, direct access to information on pay differentials as a means of ensuring transparency, monitoring the pay gap, and as a basis for remedial action, including through the development of a plan addressing equal pay. Such measures are an important means of promoting and ensuring the implementation of the principle of the Convention (see General Survey on the fundamental Conventions, 2012, paragraphs 712 and 723).

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

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Gender wage gap and occupational segregation. The Committee welcomes the recent detailed statistical information provided by the Government on the monthly gross wages and salaries of men and women by economic activity, showing an overall gender wage gap in 2013 (first quarter) of approximately 24.8 per cent in the public sector and 13.9 per cent in the private sector (respectively 23.4 per cent and 15.6 per cent in 2011). The Committee also notes that, according to EUROSTAT, the gender pay gap in unadjusted form was 13.6 per cent in 2011. Also referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee notes the Government’s indications regarding measures taken to implement the Gender Equality Action Plan 2012–14 to address occupational segregation, in particular in the field of education. Noting that the gender wage gap remains stable, the Committee once again urges the Government to take the necessary steps to reduce the gender wage gap in the public and private sectors, including taking measures to improve women’s access to a wider range of jobs and positions. The Committee also asks the Government to continue to provide updated statistical information on the distribution of men and women in the various economic sectors, occupational categories and positions, as well as their corresponding earnings.

Article 2 of the Convention. Application by means of legislation. Public service. The Committee notes the adoption of Cabinet Regulation No. 1075 of 30 November 2010 determining a unified system for classification of positions and classification procedures for the positions in the State and local government authorities (“Catalogue of positions of the State and local government authorities”) and Cabinet Regulation No. 66 of 29 January 2013 regarding remuneration of officials and employees of State and local government authorities and procedures for determination thereof, as well as several other regulations concerning specific positions. The Committee understands from the Government’s report that the classification of the positions is based on the functions to be performed and the level of responsibility and complexity of the position. The Government states that the determination of the monthly salary, as well as other benefits, is therefore not related to the gender of officials and employees. While noting this information, the Committee wishes to recall that the fact that a system of remuneration is based on a classification of jobs established by law and does not formally distinguish between men and women, does not prevent indirect discrimination, which can be due to the manner in which the classification of jobs itself was established, the tasks performed mainly by women often being undervalued in comparison to the tasks traditionally performed by men. The Committee asks the Government to ensure that the method used to establish the classification of the positions and, accordingly, to determine the remuneration of public officials and employees is based on objective criteria, and positions traditionally occupied by women are not undervalued and therefore classified at a lower level in comparison to those traditionally held by men.

Article 2(2)(c). Application by means of collective agreements. The Committee notes the Government’s indication that in Latvia, the majority of collective agreements are concluded at the level of the enterprise. The Committee understands from the examples mentioned that if some agreements contain provisions prohibiting discrimination, none of them provide expressly for the principle of equal remuneration for work of equal value. According to the Government’s report, the Latvian Free Trade Union Association (LFTUA) recommends the inclusion in collective agreements of measures to improve women’s training as well as measures to reconcile work and family responsibilities such as flexible working time for women or paid additional leave, with a view to reducing wage inequalities. The Committee recalls that in discussing equal remuneration, the overall societal context of equality and non-discrimination cannot be ignored, and needs to be addressed, and if measures to reconcile work and family responsibilities are important in this context, it is essential that such measures are made available to both men and women on an equal footing. The Committee once again asks the Government, in cooperation with the social partners, to promote the inclusion of the principle of equal remuneration for men and women for work of equal value in collective agreements, and to provide information in this regard, including on any measures envisaged to reconcile work and family responsibilities.

Article 3. Objective job evaluation. Recalling that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs, the Committee asks the Government, in cooperation with workers’ and employers’ organizations, to promote, develop and implement practical approaches and methods for the objective evaluation of jobs with a view to effectively applying the principle of equal remuneration for men and women for work of equal value in the public and private sectors. Please provide information on steps taken in this regard.

Article 4. Cooperation with social partners. The Committee welcomes the initiatives taken by the LFTUA with respect to gender equality, including equal remuneration, such as the publication and dissemination of information, and the organization of a meeting with the Employers’ Confederation of Latvia to discuss wage inequalities. The Government indicates that the Gender Equality Committee had a significant role in the recommendations for balancing the number of men and women in education with a view to reduce gender gaps. The report also indicates that issues of remuneration, including equal remuneration for work of equal value, are examined by the Labour Affairs Tripartite Cooperation Sub council of the National Tripartite Cooperation Council (LATCS). The Committee asks the Government to provide information on any initiatives undertaken by the social partners, within the Gender Equality Committee or the LATCS or otherwise, to promote specifically the principle of equal remuneration between men and women for work of equal value.

Parts III and IV of the report form. Enforcement. The Committee welcomes the amendment of section 60 extending from one to three months the period during which a worker can bring a claim for equal remuneration before a court. The Government indicates that, from 1 July 2011 to 30 June 2012, no such claims have been submitted to the courts and no violations of equal remuneration provisions have been detected by the State Labour Inspectorate. It also indicates that the Ombudsperson has examined two cases of non-compliance with equal remuneration provisions. Noting this information, the Committee would like to point out that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee asks the Government to take measures to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of unequal pay, and also to examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully. In this respect, the Committee asks the Government to provide information on the measures taken and on the impact of the amendment to section 60 of the Labour Law on the number of judicial claims for equal remuneration dealt with by the courts. Please continue to provide information on the number, nature and outcome of complaints of equal remuneration addressed by the judicial and administrative bodies.

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

Legislative developments. The Committee understands from the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) that significant amendments have been made to the Labour Law of 2001, including relating to non-discrimination and enforcement. The Committee requests the Government to forward a copy of the amendments, and to indicate those provisions of particular relevance to the implementation of the Convention.

Gender wage gap and occupational segregation. The Committee notes from the quarterly statistical information provided by the Government that in 2010 the gender wage gap was approximately 22.3 per cent in the public sector and 18 per cent in the private sector. In this connection, the Committee recalls that the Government previously indicated that the wage disparity was mainly due to occupational segregation, with women being concentrated in low-paid sectors, and difficulties faced by women in accessing supervisory and managerial positions. The Committee, furthermore, notes that the Government refers to information provided by the Free Trade Union Confederation of Latvia (LBAS) indicating that inequality is the most pronounced for women in the most poorly remunerated jobs, and that the disparities in remuneration in these jobs have been exacerbated by the economic crisis. The Committee again urges the Government to take the necessary steps to reduce the gender wage gap in the public and private sectors, including taking measures to improve women’s access to a wider range of jobs and positions, including supervisory and management positions. The Committee also asks the Government to provide updated statistical information on the distribution of men and women in the various economic sectors, occupational categories and positions, as well as their corresponding earnings.

Article 2. Application by means of legislation. Public service. The Committee notes the adoption of Cabinet Regulations No. 1651 of 22 December 2009 which according to the Government replaces Cabinet Regulations No. 995 of 20 December 2005, and regulates the determination of monthly salaries, additional payments and bonuses for employees and officials of state institutions of direct administration. The Committee also notes that the Law on Remuneration of Officials and Employees of State and Self-government Institutions came into force on 1 January 2010. The Committee asks the Government to indicate how it ensures that the determination of remuneration in the public service is free from gender bias, and that men and women receive equal remuneration when performing work of equal value. The Committee asks the Government to provide details of the provisions of Cabinet Regulation No. 1651 and the Law on Remuneration of Officials and Employees of State and Self-government Institutions which are relevant to the principle of the Convention. Please also supply statistical information on the distribution of men and women in the various professional groups covered by the Law and the Cabinet Regulation, and their remuneration.

Article 2(2)(c). Application by means of collective agreements. The Committee notes the Government’s indication that issues of unequal remuneration occur more rarely at workplaces covered by a collective agreement, since pursuant to collective agreements, an employer has to ensure equal remuneration for an “equal amount of work”. In this regard, the Committee recalls that the principle of equal remuneration for men and women for work of equal value encompasses not only equal work or an equal amount of work, but also includes work that is of an entirely different nature, but which is nevertheless of equal value. The Committee asks the Government, in cooperation with the social partners, to promote the inclusion of the principle of equal remuneration for men and women for work of equal value in collective agreements, and to provide information in this regard, including examples of collective agreements that address the principle of the Convention.

Article 3. Objective job evaluation. In the absence of specific information on this point, the Committee draws the Government’s attention to the importance of the use of objective job evaluation methods in effectively applying the principle of equal remuneration for men and women for work of equal value, since in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. The Committee refers the Government to its 2006 general observation, which highlights that the analytical methods of job evaluation have been found to be the most effective for the purpose of ensuring gender equality in the determination of remuneration. Such methods analyse and classify jobs on the basis of objective factors relating to the jobs to be compared such as skill, effort, and responsibilities or working conditions (see paragraph 141 of the 1986 General Survey on equal remuneration). The Committee asks the Government, in cooperation with workers’ and employers’ organizations, to promote, develop and implement practical approaches and methods for the objective evaluation of jobs with a view to effectively applying the principle of equal remuneration for men and women for work of equal value in the public and private sectors, and to provide information on steps taken in this regard.

Article 4. Cooperation with social partners. The Committee notes that the Gender Equality Committee, which replaced the Gender Equality Council, was established in May 2010 in order to promote the implementation, monitoring and improvement of the gender equality policy, and is composed of representatives of the State, the social partners and non-governmental organizations. The Committee asks the Government to indicate whether the Gender Equality Committee promotes the application of the principle of equal remuneration for men and women for work of equal value, and to provide information on any initiatives taken or envisaged in this regard.

Enforcement. The Committee notes the creation of a system of submission of data which provides statistics on cases examined by the State Labour Inspectorate (SLI). The Committee notes the information provided by the Government regarding complaints of discrimination addressed by the labour inspectorate and the Office of the Ombudsperson, very few of which dealt with the issue of equal remuneration. The Committee asks the Government to take the necessary steps to strengthen the capacity of labour inspectors to detect and address violations of the principle of equal remuneration for men and women for work of equal value, including awareness-raising activities, and to provide information in this regard. The Committee also asks the Government to indicate whether any measures have been taken or envisaged to raise awareness of workers, employers and their organizations of the principle of the Convention and the available avenues of redress. Please continue to provide information on the number, nature and outcome of complaints of equal remuneration addressed by the judicial and administrative bodies.

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

Assessment of the gender pay gap. The Committee notes from the statistics provided by the Government in its report that in the first quarter of 2008 the remuneration gap between men and women workers amounted to approximately 20.64 per cent in the public sector and 16.6 per cent in the private sector. The Committee also notes that in 2007 the gender wage gap was approximately 20.56 per cent in the public sector and 19.12 per cent in the private sector, while in 2006 it was estimated to be approximately 20 per cent and 20.87 per cent respectively. In line with the trend pointed out in its previous comments, the Committee notes that the remuneration gap continued to decrease in the private sector while increasing in the public sector. The Committee urges the Government to take the necessary steps to reduce the remuneration gap between women and men and asks it to provide full information on the measures taken or envisaged in this regard, including information on any studies conducted on the issue and their findings regarding the underlying causes for the remuneration differentials and the measures to be considered for adoption. Please also continue to provide statistical information on women’s and men’s earnings, disaggregated if possible, by economic sector, occupational category and position.

Article 2. Application by means of legislation. Public service. The Committee recalls its previous comments concerning the establishment of a new unified wage system for the public service with a view to ensuring equal remuneration for jobs of equal value. It notes from the Government’s report that some amendments were introduced to Cabinet Regulations No. 995 of 20 December 2005 laying down the principles governing the new wage system which, however, did not modify it substantially. The Committee also notes that the Government reiterates its statement that by using common criteria to determine remuneration rates for women and men, the new wage system ensures that women and men receive equal remuneration when performing work of equal value. In the absence of the information previously solicited, the Committee again asks the Government to provide information on the steps taken to ensure that the methodology applied for assessing and categorizing jobs in the context of the new wage system avoids gender bias. It also asks the Government to supply statistical information on the distribution of men and women in the various professional groups defined by such system. The Committee further asks the Government to monitor the impact of these reforms on the gender pay gap in the public sector and to submit information in this regard.

Application by means of collective agreements. The Committee notes that no information is provided in reply to its previous request on this point. The Committee again stresses the importance of ensuring that the equal pay provisions contained in collective agreements fully and correctly reflect the principle of equal remuneration as set out in the Convention. The Committee further asks the Government to provide information on the measures taken to promote equal remuneration through collective bargaining, including examples of collective agreements that address equal remuneration.

Articles 3 and 4. Objective job evaluation. The Committee reiterates its request for information on any measures taken or envisaged to promote the development and implementation of objective job evaluation methods on the basis of the work performed with a view to fostering the setting of wages without discrimination based on sex. It also asks the Government to provide information on any cooperation with workers’ and employers’ organizations in this regard.

Enforcement. The Committee notes, from the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) that the functions of the former National Human Rights Office (NHRO) have been taken over by the Office of the Ombudsperson. With regard to the enforcement of the Labour Law’s provisions concerning equal remuneration through action taken by the labour inspectorate, the Committee notes from the report that according to the labour inspectorate’s database, no inspections performed related to complaints in the area of equal remuneration. While noting from the Government’s report under Convention No. 111 that labour inspectors are to receive gender equality training, the Committee asks the Government to provide information on the measures taken to strengthen the capacity of labour inspectors to carry out inspections regarding compliance with the principle of equal remuneration for men and women for work of equal value. It also asks the Government to continue to provide information on any cases regarding equal remuneration dealt with by the labour inspectorate on the basis of complaints or any violations identified through routine inspections. Please also provide information on any equal pay cases decided by the courts or dealt with by the Ombudsperson.

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

The Committee notes the Government’s report which integrates observations of the Latvian Union of Free Trade Unions and the Latvian Confederation of Employers.

1. Assessment of the gender pay gap. The Committee notes from the statistical information provided by the Government that the gender pay gap (average gross monthly wages) in the public sector increased from 18.5 per cent in 2003 to 20.1 per cent in 2005, while it decreased in the private sector from 22.9 to 20.2 per cent. Women tend to be under-represented in better-paid jobs in both sectors. According to EUROSTAT data, the gender gap for average hourly earnings was 15 per cent in 2004. The Committee asks the Government to continue to provide similar statistical information on the earnings of men and women in the private and public sectors, as far as possible in accordance with the Committee’s 1998 general observation.

2. Article 2. Application by means of laws and regulations. Public service. The Committee notes that the Government decided, in February 2005, on the establishment of a new unified wage system for the public service, inter alia, with a view to ensure equal remuneration for jobs of equal value. The Labour Law was amended in October 2005 to provide that positions in the public sector shall be classified in groups and levels of positions according to basic work tasks. The State Civil Service Law was amended to provide that a civil servant should receive a monthly wage, which shall be set by the head of the institution according to the group, position and grade in accordance with the amount and procedures set by the Cabinet of Ministers. In addition, the Committee notes that Cabinet Regulation No. 310 of 3 March 2005, establishes a new catalogue of civil service positions and that Cabinet Regulation No. 995 of 20 December 2005, establishes a new system for the remuneration of public employees. Under the new system the level of remuneration is based on two factors: (1) the groups and level to which the civil servant’s position belongs, as defined by the catalogue of positions; and (2) the qualification grade of the civil servant or public employee, which is determined on the basis of individual performance and length of service. The Committee notes the Government’s statement that the catalogue of positions and the new remuneration system does not provide for different conditions for job classification and determination of remuneration according to sex which, in the Government’s view, ensured equal rights for men and women. The Committee asks the Government to provide information on the steps taken to ensure that the methodology applied for assessing and categorizing jobs in the context of these regulations avoids sex bias, and statistical information on the distribution of men and women in the various professional groups defined by the catalogue of positions. The Committee also asks the Government to monitor the impact of these reforms on the gender pay gap in the public sector and provide to the Committee’s conclusions in this regard.

3. Application by means of collective agreements. The Committee notes the information provided by the Government on the views expressed by the social partners concerning the application of the Convention in the context of collective bargaining. According to the Latvian Union of Free Trade Unions, a number of collective agreements made reference to the principles of the Convention but that these references were not always precise. The general view among trade unions was that the legislation appropriately dealt with the principle of equal remuneration in accordance with the Convention. Nevertheless, some unions expressed interest in including a specific reference to the principle of equal remuneration for men and women for work of equal value in future agreements. The Latvian Confederation of Employers also considered that the Convention’s principle was included in collective agreements only in a fragmentary manner. Noting the examples of equal pay provisions currently contained in collective agreements provided, the Committee stresses the importance of ensuring that such provisions fully and correctly reflect the principle of equal remuneration as set out in the Convention and the legislation. The Committee also encourages the social partners to go beyond stating the principle, and to provide means and mechanisms to address existing gender wage gaps, e.g. through collection and monitoring of data concerning men’s and women’s pay or objective job evaluation free from gender bias. The Committee asks the Government to continue to provide information on the measures taken in Latvia to promote equal remuneration through collective bargaining, including examples of collective agreements that deal with equal remuneration issues.

4. Article 4. Objective job evaluation. In the absence of any information on this matter in reply to it previous comments, the Committee asks the Government once again to indicate any measures taken or envisaged to promote the development and implementation of objective job evaluation methods on the basis of the work performed with a view to promoting the setting of wages without discrimination based on sex.

5. Enforcement. The Committee notes from the Government’s report that the situation with regard to the absence of complaints concerning wage discrimination made to the labour inspection authorities or the National Human Rights Office (NHRO) remained unchanged. While the Committee notes the view of the Latvian Union of Free Trade Unions that the administrative penalties for violations of the equal pay provisions of the Labour Law have an important preventive effect, it also notes from the Government’s report that in the context of the NHRO’s awareness-raising activities, women stated that their male colleagues received higher wages but that they did not raise complaints out of fear of losing their jobs. The Committee asks the Government to provide information on the measures taken or envisaged to strengthen the enforcement of equal pay provisions, including indications whether consideration could be given to authorizing labour inspectors to undertake inspections concerning equal remuneration on their own initiative.

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

1. Articles 1 and 2 of the Convention. Application in practice. The Committee notes from the statistical information provided by the Government that between 2001 and 2003 the gender wage gap in the public sector (average gross monthly wages) decreased from 20.5 per cent to 18.5 per cent, while it increased in the private sector from 21.1 per cent to 22.9 per cent. According to the Latvian Central Statistical Bureau’s Survey on Occupations of 2003, the gross average hourly wage for all groups of occupations was 1.12 lats for men and only 0.94 lats for women. The Survey also showed that the labour market remained highly segregated according to sex. According to the Government, the gender wage gap was due to the fact that women had less opportunities for promotion and that their professional orientation was more directed towards employment in low-paying sectors such as education, social care or culture. The Committee asks the Government to provide in its next report information on measures taken to address the issue of occupational segregation of women in lower paid jobs and to promote women’s access to better-paid supervisory and management positions, including occupational guidance and vocational training to enable women to compete more effectively for such positions. The Government is further asked to indicate any measures taken to promote a more equal sharing of family responsibilities and to assist both men and women workers in this respect. Please also continue to supply statistical information on the remuneration of men and women in the public and private sector, by earnings levels and hours of work as outlined in the Committee’s 1998 general observation on the Convention.

2. Article 2. Application of the Convention’s principle by means of laws and regulations. The Committee notes the adoption of Cabinet Regulation No. 705 of 16 December 2003 on work remuneration, benefits and compensation of state civil servants. It also notes Cabinet Regulation No. 535 of 23 September 2003 on evaluation of intellectual work and basic methodology for establishing professional qualification categories for employees of institutions financed from the state budget and Cabinet Regulation No. 403 of 22 July 2003 on the evaluation of physical work and establishing professional qualification categories for employees of institutions financed from the state budget. The Government is asked to provide copies of these regulations, as well as indications of how they take into account the principle of the Convention. Please particularly provide information on the steps taken to ensure that the methodology applied for assessing and categorizing jobs in the context of these regulations avoids sex bias and utilizes a scope of comparison that covers female and male dominated establishments.

3. Application of the Convention’s principle by means of collective agreements. The Committee notes the Government’s indication that collective agreements pay insufficient attention to eliminating discrimination. According to the Forest Sphere Workers’ Trade Union some of the agreements in that sector provide that the employers shall pay equal remuneration to men and women workers performing the same work or work of equal value. The Committee asks the Government to provide information on any measures taken in collaboration with workers’ and employers’ organizations to promote the principle of the Convention in the context of collective bargaining.

4. Article 3. Objective job evaluation. On several occasions, the Committee has pointed out to the Government that one of the means of promoting the full enjoyment for men and women of their right to equal remuneration for work of equal value is the adoption and promotion of objective job evaluation methods in order to ensure that wages are determined in a non-discriminatory manner. In this context, the Committee notes the examples from the Government’s report on female-dominated occupations receiving very low pay. For instance, according to the Health and Social Care Workers’ Trade Union, 90 per cent of qualified social workers in care institutions under the Ministry of Welfare are female employees whose wage was of the same level of remuneration paid to unqualified workers. The Seafarers Union of the Merchant Fleet of Latvia indicates that bartenders on Latvian ships, who are in practice exclusively women, received the lowest pay among seafarers. The Committee notes that these examples confirm the Committee’s previous comment regarding the need to promote objective job evaluation, particularly in sectors and for occupations in which women are predominant. The Government and social partners are therefore strongly encouraged to take appropriate measures to promote the development and implementation of objective job appraisal methods on the basis of the work performed, both in the private and public sectors. Please indicate any measures taken or envisaged in this regard.

5. Enforcement. The Committee notes that in 2004 the state labour inspectorate issued for the first time a decision under sections 7.29(1) and 60 of the Labour Code regarding unequal remuneration on the basis of sex and imposed an administrative penalty. The National Human Rights Office has not yet received any written complaints regarding the right to equal remuneration for men and women, but has provided advice on legal questions regarding the issue on several occasions. The Committee also notes that the handling of cases involving pay discrimination was hindered by the fact that in many companies work remuneration is viewed as a confidential issue. The Government is asked to continue to provide information on the enforcement of the national laws and regulations applying the Convention, including information on the number, nature and outcomes of cases dealt with by the courts, the labour inspectorate, and the National Human Rights Office. Please also indicate whether measures are being taken to ensure that employees are aware of their right to equal remuneration for work of equal value irrespective of sex and to enhance the labour inspector’s capacity to handle wage discrimination cases.

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

Further to its observation the Committee notes the information contained in the Government’s report and asks the Government to provide information on the following points.

1. The Committee notes that, according to the occupational survey conducted by the Latvian Central Statistical Bureau, women’s average gross salary for the month of October 2001 was 81.4 per cent of men’s (compared to around 78 per cent in the years from 1998 to 2000). From the statistical information concerning the average salaries of women compared to men in the ten occupational groups examined under the classification of occupations system utilized by the Central Statistical Bureau for the years 1998 to 2001, the Committee notes that only in one group, plant and machine operators and assemblers, women’s income was equal to or slightly higher than men’s. While the differentials for nine of the groups remained relatively stable or improved only insignificantly, a marked increase in women’s salaries can be noted in the group of technicians and associate professionals (from 71.3 per cent in 1999 to 84.4 per cent in 2001). The Committee asks the Government to continue to provide similar information in its future reports, as well as information on the distribution of men and women in the public sector, the civil service, and in the private sector by earnings levels and hours of work as outlined in the Committee’s 1998 general observation on the Convention.

2. The Committee notes the Government’s statement that, although the relevant regulatory acts provide for equal remuneration of women and men de facto, women continued to be paid less than men. In the Government’s view, this is still to be explained mainly by the fact that women are more frequently employed in education, social/health care and culture, sectors largely funded out of the state budget with low average salaries. At the same time, even in those sectors, men generally hold better positions. The Committee again asks the Government to provide information on measures taken to address the issue of occupational segregation of women in lower paid jobs and to promote women’s access to better-paid supervisory and managerial positions, including providing occupational guidance and vocational training to enable women to compete more effectively for such positions. Please also indicate any measures taken to promote a more equal sharing of family responsibilities and to assist both men and women workers in this respect.

3. The Committee recalls its previous comments on the importance of adopting and promoting objective job evaluation criteria as one means of promoting full enjoyment for women and men of their right to equal remuneration for work of equal value. In this context, the Committee notes from the Government’s report that a number of laws and Cabinet of Ministers regulations on the salaries of employees in state institutions have been adopted, including the following: Regulation No. 217 of the Cabinet of Ministers of 28 May 2002 on the salary system for the employees of institutions financed from the state budget, which provide for 24 qualification categories established in accordance with the methodology described in Appendix 3 of the Regulation; Regulation No. 20 on salaries and allowances of state civil servants of 2 January 2001; and Regulation No. 213 of 28 May 2002 concerning salaries of employees of public administration institutions, the prosecutor’s office and the courts. The Committee notes the Government’s statement that these regulations are non-discriminatory with regard to salaries of women and men, as salaries are set in accordance with respective qualification categories which are defined through regular assessments of the positions involving intellectual and physical work, using a specific methodology as laid down in the relevant regulations. The Committee asks the Government to provide with its next report copies of the regulations mentioned and to indicate in which way the assessments described in the report had or are expected to have an impact on the remuneration levels of women compared to men in the institutions concerned. Please also indicate the steps taken or contemplated to ensure that the methodology applied for assessing and categorizing jobs avoids sex bias and utilizes a scope of comparison that covers female and male dominated enterprises (such as the occupations financed by state and municipal budgets).

4. With reference to its previous comments, the Committee once again asks the Government to supply the following information: (1) samples of collective agreements, including wage scales, concluded for sectors or enterprises in which women are concentrated; (2) an indication of the extent to which workers in those sectors or enterprises are employed on piece-wages instead of salaries and the criteria utilized by employers to determine which of these two systems of remuneration is to be applied; (3) information on the extent to which work quotas are used, the types of jobs and sectors in which they are primarily utilized, the manner in which such quotas are set and applied and any measures taken or contemplated to ensure that remuneration under the work quota system is paid in accordance with the principle of the Convention.

5. Part III of the report form. The Committee notes that Cabinet of Ministers Regulation No. 79/2002 established the Gender Equality Council. The overall task of the Council is to elaborate gender policies and implement gender equality. Please continue to provide information on the activities undertaken by the competent bodies, including the Latvian Human Rights Office, the state labour inspectorate, and the Gender Equality Council, to ensure and promote equal remuneration for women and men for work of equal value. Noting from the Government’s report that in 2001, out of 2,227 applications to the state Labour Inspection, 1,262 concerned salary issues but that equal remuneration cases are not being registered separately, the Committee asks the Government to indicate any measures taken to obtain such data.

6. Part IV of the report form. The Committee recalls that according to the Government a first case raising the issue of sex-based salary discrimination has been brought before the Latvian courts and that the case had been appealed to the Supreme Court of the Republic of Latvia. The Committee asks the Government to keep it informed regarding this matter and to supply a copy of the decision once a final outcome is reached.

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

With reference to its previous comments, the Committee notes with satisfaction the inclusion of the definition of remuneration in line with the Convention in section 59 of the Labour Code of 20 June 2001. The Committee also notes that section 60(1) provides that an employer has a duty to specify equal remuneration for men and women for the same kind of work or work of equal value. In the case of a violation of this principle by the employer, the employee has the right to request the remuneration that the employer normally pays for the same work or for work of equal value (section 60(2)). The Government is asked to provide in its future reports information on the application of these provisions in practice and their contribution to closing the prevailing gender income gap in the country, which is approximately 20 per cent.

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

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 from the Government’s report that, according to the survey of professions conducted by the Latvian Central Statistical Bureau women’s average gross salary for the month of October 1999 was 78.5 per cent of men’s. It further notes the Government’s statement that women’s average gross salary was less than that for men in all ten occupational groups examined under the classification of occupations system utilized by the Central Statistical Bureau. In this context, the Committee would appreciate receiving information, including statistical data, in the Government’s next report on the distribution and remuneration of men and women among the ten occupational groups and at the different levels in those sectors. In this regard, please refer to the Committee’s 1998 general observation on the Convention.

2. Article 1(a) and (b) of the Convention. The Committee refers to its previous comments, which noted that the 1994 Latvian Labour Code does not contain a definition of "remuneration", nor does it express the principle of equal remuneration for men and women for work of equal value. The Committee notes with interest that the new draft Labour Code addresses these issues and incorporates European Council Directive 75/117/EC on equal pay for men and women. The Committee would be grateful if the Government would supply a copy of the draft Code as soon as it is enacted.

3. Article 3. The Committee notes the Government’s indication that the wage disparity between men and women in certain enterprises is due to two factors: (1) Latvian women’s greater burden of family responsibilities, which impedes their access to better paid and higher level positions; and (2) occupational segregation, which leads to a higher concentration of women in the education, social work and culture sectors, which are financed by the state and municipal budgets and have the lowest average salaries in Latvia. The Committee again asks the Government to provide information on measures taken to raise public awareness of this problem and promote a more equal sharing of family responsibilities, as well as any concrete measures taken or envisaged to assist men and women workers in balancing work and family responsibilities. The Government is again asked to indicate any measures taken to promote women’s access to better-paid supervisory and managerial positions, including providing occupational guidance and vocational training to enable women to compete more effectively for such positions.

4. Referring to its earlier comments, the Committee notes that the Concept on Payment of 30 June 1998 determines basic principles of payment policy development, including the principles of equity and transparency. It notes that, on 11 January 2000, the Cabinet of Ministers approved a concept on payment systems for employees of institutions financed by the state budget. The Government indicates that jobs in these institutions are evaluated by utilizing analytical methodology developed to evaluate jobs involving intellectual and physical tasks. The Committee asks the Government to provide in its next report the results achieved in terms of raising women’s wages by applying this payment system methodology to these institutions. Further, referring to its previous comments regarding the concentration of women in lower paid sectors in the Latvian labour market, the Committee once again points out that the adoption of non-discriminatory job evaluation criteria applied in a uniform manner and on the broader level at which wage policies are set may lead to a reduction in the existing wage disparities arising from traditional stereotypes in respect of the value of "women’s work" (see General Survey on equal remuneration, 1986, paragraph 256). The Committee therefore again asks the Government to indicate the steps taken or contemplated to ensure that the analytical methodology described in the report utilizes a scope of comparison outside the limits of the female-dominated sector or enterprise (such as the sectors financed by state and municipal budgets).

5. With reference to its previous comments, the Committee once again asks the Government to supply the following information: (1) samples of collective agreements, including wage scales, concluded for sectors or enterprises in which women are concentrated; (2) an indication of the extent to which workers in those sectors or enterprises are employed on piece-wages instead of salaries and the criteria utilized by employers to determine which of these two systems of remuneration is to be applied; (3) information on the extent to which work quotas are used, the types of jobs and sectors in which they are primarily utilized, the manner in which such quotas are set and applied and any measures taken or contemplated to ensure that remuneration under the work quota system is paid in accordance with the principle of the Convention.

6. Part III of the report form. The Committee notes the information provided in the report with regard to the activities of the Latvian Human Rights Office. It also notes from the report that, in 1999, the State Labour Inspectorate registered 2,018 equal pay violations out of a total of 15,350 violations. The Committee would appreciate receiving information on the activities of these two agencies in future reports, and the manner in which the violations were remedied.

7. Part IV of the report form. The Committee notes with interest the information provided by the Government regarding the first case brought before the Latvian courts which raises the issue of sex-based salary discrimination. Noting that the case is currently on appeal to the Supreme Court of the Republic of Latvia, the Committee asks the Government to keep it informed regarding this matter and to supply a copy of the decision once a final outcome is reached.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes from the Government’s report that, according to the survey of professions conducted by the Latvian Central Statistical Bureau women’s average gross salary for the month of October 1999 was 78.5 per cent of men’s. It further notes the Government’s statement that women’s average gross salary was less than that for men in all ten occupational groups examined under the classification of occupations system utilized by the Central Statistical Bureau. In this context, the Committee would appreciate receiving information, including statistical data, in the Government’s next report on the distribution and remuneration of men and women among the ten occupational groups and at the different levels in those sectors. In this regard, please refer to the Committee’s 1998 general observation on the Convention.

2. Article 1(a) and (b) of the Convention. The Committee refers to its previous comments, which noted that the 1994 Latvian Labour Code does not contain a definition of "remuneration", nor does it express the principle of equal remuneration for men and women for work of equal value. The Committee notes with interest that the new draft Labour Code addresses these issues and incorporates European Council Directive 75/117/EC on equal pay for men and women. The Committee would be grateful if the Government would supply a copy of the draft Code as soon as it is enacted.

3. Article 3. The Committee notes the Government’s indication that the wage disparity between men and women in certain enterprises is due to two factors: (1) Latvian women’s greater burden of family responsibilities, which impedes their access to better paid and higher level positions; and (2) occupational segregation, which leads to a higher concentration of women in the education, social work and culture sectors, which are financed by the state and municipal budgets and have the lowest average salaries in Latvia. The Committee again asks the Government to provide information on measures taken to raise public awareness of this problem and promote a more equal sharing of family responsibilities, as well as any concrete measures taken or envisaged to assist men and women workers in balancing work and family responsibilities. The Government is again asked to indicate any measures taken to promote women’s access to better-paid supervisory and managerial positions, including providing occupational guidance and vocational training to enable women to compete more effectively for such positions.

4. Referring to its earlier comments, the Committee notes that the Concept on Payment of 30 June 1998 determines basic principles of payment policy development, including the principles of equity and transparency. It notes that, on 11 January 2000, the Cabinet of Ministers approved a concept on payment systems for employees of institutions financed by the state budget. The Government indicates that jobs in these institutions are evaluated by utilizing analytical methodology developed to evaluate jobs involving intellectual and physical tasks. The Committee asks the Government to provide in its next report the results achieved in terms of raising women’s wages by applying this payment system methodology to these institutions. Further, referring to its previous comments regarding the concentration of women in lower paid sectors in the Latvian labour market, the Committee once again points out that the adoption of non-discriminatory job evaluation criteria applied in a uniform manner and on the broader level at which wage policies are set may lead to a reduction in the existing wage disparities arising from traditional stereotypes in respect of the value of "women’s work" (see General Survey on equal remuneration, 1986, paragraph 256). The Committee therefore again asks the Government to indicate the steps taken or contemplated to ensure that the analytical methodology described in the report utilizes a scope of comparison outside the limits of the female-dominated sector or enterprise (such as the sectors financed by state and municipal budgets).

5. With reference to its previous comments, the Committee once again asks the Government to supply the following information: (1) samples of collective agreements, including wage scales, concluded for sectors or enterprises in which women are concentrated; (2) an indication of the extent to which workers in those sectors or enterprises are employed on piece-wages instead of salaries and the criteria utilized by employers to determine which of these two systems of remuneration is to be applied; (3) information on the extent to which work quotas are used, the types of jobs and sectors in which they are primarily utilized, the manner in which such quotas are set and applied and any measures taken or contemplated to ensure that remuneration under the work quota system is paid in accordance with the principle of the Convention.

6. Part III of the report form. The Committee notes the information provided in the report with regard to the activities of the Latvian Human Rights Office. It also notes from the report that, in 1999, the State Labour Inspectorate registered 2,018 equal pay violations out of a total of 15,350 violations. The Committee would appreciate receiving information on the activities of these two agencies in future reports, and the manner in which the violations were remedied.

7. Part IV of the report form. The Committee notes with interest the information provided by the Government regarding the first case brought before the Latvian courts which raises the issue of sex-based salary discrimination. Noting that the case is currently on appeal to the Supreme Court of the Republic of Latvia, the Committee asks the Government to keep it informed regarding this matter and to supply a copy of the decision once a final outcome is reached.

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

The Committee notes the information, including statistical data, contained in the Government's report.

1. The Committee notes from the report that, in 1998, women's average gross monthly salary over all sectors was 78 per cent of men's. The Committee also notes with interest that women earned 97.6 per cent of men's average salary in the sector of equipment and machinery operators and assemblers. Female civil servants earned 85 per cent of male civil servants' average salaries. The greatest wage disparity was found in trade and services, where women earned 64.8 per cent of men's average wages.

2. Article 1(a) of the Convention. The Committee notes the Government's explanations concerning Latvian legislation on women's rights in the workplace. However, the Committee once again notes that the 1994 Labour Code does not provide a general definition of the term "remuneration". The Committee points out that the definition of remuneration in the Convention is couched in the broadest possible terms, in order to ensure that equality in remuneration is not limited to the basic or ordinary wage. Accordingly, it once again asks the Government to indicate the measures taken or envisaged to ensure that all payments to workers above the minimum wage, including "any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer", are made without discrimination based on sex.

3. Article 1(b). With respect to its previous comments, the Committee notes that, while the 1994 Labour Code establishes that men and women enjoy equal rights to, inter alia, work and remuneration, the concept of pay equality is not addressed. The Committee therefore again requests the Government to indicate whether any measures have been taken or are contemplated to reflect in Latvian legislation the principle of equal remuneration for men and women workers for work of equal value.

4. Article 2. The Committee notes with interest the information supplied on the classification of occupations adopted by the Government, which is based upon the ILO International Standards Classification of Occupations. With regard to the wage scales utilized, the Committee notes the Concept on Payment developed by the Ministry of Welfare and approved by the Cabinet of Ministers on 30 June 1998. The Committee notes from the report that the purpose of the Concept is to develop a flexible and mobile payment system which would be more competitive with private sector wages and would motivate employee productivity by linking salaries with performance results. The Committee recalls that, while performance appraisal criteria such as skill and output are not discriminatory per se, they must be applied in good faith to prevent gender-based wage differentials from arising (see General Survey on equal remuneration, 1986, paragraph 54). The Committee requests the Government to continue to supply information on the implementation of the Concept and its impact on wages of women and men.

5. Article 3. In reporting on progress made in reducing sex-based wage differentials in Latvia, the Government attributes the existing wage disparity to two factors: (1) the greater burden that Latvian women shoulder with respect to family responsibilities, which impedes their access to better paid management-level positions; and (2) occupational segregation. The Committee requests the Government to provide information on measures taken to raise public awareness of this problem and promote a more equal sharing of family responsibilities, as well as any concrete measures taken or envisaged to assist men and women workers in balancing work and family responsibilities. Further, the Government is asked to indicate any measures taken to promote women's access to better-paid supervisory and managerial positions, including providing occupational guidance and vocational training to enable women to compete more effectively for such positions.

6. The Government indicates that women in the Latvian labour market are concentrated in sectors mostly financed by state and municipal budgets and which have the lowest average salaries in the country, such as education, social work and culture. In this regard, the Committee points out that men and women may in practice be segregated into different occupations and industries due to long-held historical and societal attitudes. In the context of a pay equity scheme in conformity with the Convention, the adoption of non-discriminatory job evaluation criteria that are applied in a uniform manner and on the broader level at which wage policies are set may lead to a reduction in those wage differentials arising from traditional stereotypes in respect of the value of "women's work" (see 1986 General Survey, paragraph 256). The Committee requests the Government to indicate the steps taken or contemplated to ensure that the objective appraisal of jobs on the basis of the work to be performed is based upon a scope of comparison outside the limits of the female-dominated sector or enterprise, to ensure an evaluation free from gender-based discrimination.

7. The Committee notes from the Government's report that less than 30 per cent of Latvian workers are affiliated to trade unions and that these persons are all covered by collective agreements. It further notes the Government's statement that workers' organizations do not permit discriminatory terms to be included in collective agreements. In this connection, the Committee reiterates its request that the Government supply samples of collective agreements, including wage scales, concluded for sectors or enterprises in which women are concentrated. The Committee also repeats its request that the Government supply information on the extent to which work quotas are used, the types of jobs and sectors in which they are primarily utilized, and the manner in which such quotas are set and applied. Please also indicate any measures taken or contemplated to ensure that remuneration under the work quota system is paid in accordance with the principle of the Convention.

8. The Government states that the Latvian Human Rights Office and the State Labour Inspection are responsible for implementing the provisions of the Convention. The Government is requested to supply information regarding the activities of the Human Rights Office in promoting and ensuring the application of the Convention. With respect to the State Labour Inspection, the Government is requested to indicate the number of equal pay inspections conducted during the reporting period, the violations detected, and action taken.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret 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:

1. Article 1, paragraph (a), of the Convention. The Committee notes that there is no general definition of "remuneration" in the 1994 Labour Code and that it is therefore not clear that all elements of remuneration are included within the concept of wages or remuneration as required by this provision of the Convention. The Committee requests the Government to indicate the measures taken to ensure that all payments to workers above the minimum wage, including "any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer" are made without discrimination based on sex.

2. Article 1, paragraph (b). The Committee notes that the only legislative stipulation concerning equal remuneration between men and women is contained in section 1 of the Labour Code, which provides that "men and women shall enjoy equal rights to work, remuneration, recreation, social security and social protection". This formulation does not address the concept of pay equality in the terms required by the Convention, which calls for the application of the principle of equal remuneration for men and women workers for work of equal value. Accordingly, the Committee requests the Government to indicate any measures taken or contemplated to reflect in legislation, the principle of the Convention.

3. Article 2. The Committee requests the Government to provide information on the criteria used to determine the classifications and corresponding wage scales of employees of the state administration and of state-owned enterprises, institutions and organizations and local self-government (pursuant to sections 85 and 86 of the Labour Code). Please also supply copies of the categories and wage scales in force in these sectors of employment, together with an indication as to the numbers or percentages of men and women employed in the various categories.

As concerns private sector employment, the Committee requests the Government to provide samples of collective agreements, including wage scales, concluded for enterprises or industries in which a significant number of women are employed. Please also indicate the extent to which workers are employed on piece-wages, as opposed to salaries, and supply information concerning the criteria used by employers for determining which of these systems of remuneration is to be applied. As requested in the report form on the Convention, please supply general information on the manner in which the application of the Convention is promoted and assured, and indicate whether the principle is applied to all workers, including those employed in agriculture and the service sector.

4. Article 3. It appears from Chapter 7 of the Labour Code, dealing with work quotas, that the quantity and quality of work determine the actual payment, or non-payment, of the fixed wage to workers employed under collective agreements. The Committee requests the Government to provide information on the extent to which work quotas are used, the types of jobs and sectors concerned and the way in which quotas are set and applied. The Committee also requests the Government to furnish information on any surveys or studies carried out, including statistical data, on the actual wage rates paid to men and women in the economy generally, in particular regions or sectors of employment. The Committee would also be grateful if the Government would provide information on any measures taken by relevant equality agencies or by women's organizations to ensure and promote the application of the Convention.

5. Article 4. The Committee requests the Government to provide information on the actual methods adopted to cooperate with workers' and employers' organizations in the application of the Convention, with particular emphasis on any positive measures taken to give effect to the principle of equal remuneration.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret 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:

1. Article 1, paragraph (a), of the Convention. The Committee notes that there is no general definition of "remuneration" in the 1994 Labour Code and that it is therefore not clear that all elements of remuneration are included within the concept of wages or remuneration as required by this provision of the Convention. The Committee requests the Government to indicate the measures taken to ensure that all payments to workers above the minimum wage, including "any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer" are made without discrimination based on sex.

2. Article 1, paragraph (b). The Committee notes that the only legislative stipulation concerning equal remuneration between men and women is contained in section 1 of the Labour Code, which provides that "men and women shall enjoy equal rights to work, remuneration, recreation, social security and social protection". This formulation does not address the concept of pay equality in the terms required by the Convention, which calls for the application of the principle of equal remuneration for men and women workers for work of equal value. Accordingly, the Committee requests the Government to indicate any measures taken or contemplated to reflect in legislation, the principle of the Convention.

3. Article 2. The Committee requests the Government to provide information on the criteria used to determine the classifications and corresponding wage scales of employees of the state administration and of state-owned enterprises, institutions and organizations and local self-government (pursuant to sections 85 and 86 of the Labour Code). Please also supply copies of the categories and wage scales in force in these sectors of employment, together with an indication as to the numbers or percentages of men and women employed in the various categories.

As concerns private sector employment, the Committee requests the Government to provide samples of collective agreements, including wage scales, concluded for enterprises or industries in which a significant number of women are employed. Please also indicate the extent to which workers are employed on piece-wages, as opposed to salaries, and supply information concerning the criteria used by employers for determining which of these systems of remuneration is to be applied. As requested in the report form on the Convention, please supply general information on the manner in which the application of the Convention is promoted and assured, and indicate whether the principle is applied to all workers, including those employed in agriculture and the service sector.

4. Article 3. It appears from Chapter 7 of the Labour Code, dealing with work quotas, that the quantity and quality of work determine the actual payment, or non-payment, of the fixed wage to workers employed under collective agreements. The Committee requests the Government to provide information on the extent to which work quotas are used, the types of jobs and sectors concerned and the way in which quotas are set and applied. The Committee also requests the Government to furnish information on any surveys or studies carried out, including statistical data, on the actual wage rates paid to men and women in the economy generally, in particular regions or sectors of employment. The Committee would also be grateful if the Government would provide information on any measures taken by relevant equality agencies or by women's organizations to ensure and promote the application of the Convention.

5. Article 4. The Committee requests the Government to provide information on the actual methods adopted to cooperate with workers' and employers' organizations in the application of the Convention, with particular emphasis on any positive measures taken to give effect to the principle of equal remuneration.

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

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:

1. Article 1, paragraph (a), of the Convention. The Committee notes that there is no general definition of "remuneration" in the 1994 Labour Code and that it is therefore not clear that all elements of remuneration are included within the concept of wages or remuneration as required by this provision of the Convention. The Committee requests the Government to indicate the measures taken to ensure that all payments to workers above the minimum wage, including "any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer" are made without discrimination based on sex.

2. Article 1, paragraph (b). The Committee notes that the only legislative stipulation concerning equal remuneration between men and women is contained in section 1 of the Labour Code, which provides that "men and women shall enjoy equal rights to work, remuneration, recreation, social security and social protection". This formulation does not address the concept of pay equality in the terms required by the Convention, which calls for the application of the principle of equal remuneration for men and women workers for work of equal value. Accordingly, the Committee requests the Government to indicate any measures taken or contemplated to reflect in legislation, the principle of the Convention.

3. Article 2. The Committee requests the Government to provide information on the criteria used to determine the classifications and corresponding wage scales of employees of the state administration and of state-owned enterprises, institutions and organizations and local self-government (pursuant to sections 85 and 86 of the Labour Code). Please also supply copies of the categories and wage scales in force in these sectors of employment, together with an indication as to the numbers or percentages of men and women employed in the various categories.

As concerns private sector employment, the Committee requests the Government to provide samples of collective agreements, including wage scales, concluded for enterprises or industries in which a significant number of women are employed. Please also indicate the extent to which workers are employed on piece-wages, as opposed to salaries, and supply information concerning the criteria used by employers for determining which of these systems of remuneration is to be applied. As requested in the report form on the Convention, please supply general information on the manner in which the application of the Convention is promoted and assured, and indicate whether the principle is applied to all workers, including those employed in agriculture and the service sector.

4. Article 3. It appears from Chapter 7 of the Labour Code, dealing with work quotas, that the quantity and quality of work determine the actual payment, or non-payment, of the fixed wage to workers employed under collective agreements. The Committee requests the Government to provide information on the extent to which work quotas are used, the types of jobs and sectors concerned and the way in which quotas are set and applied. The Committee also requests the Government to furnish information on any surveys or studies carried out, including statistical data, on the actual wage rates paid to men and women in the economy generally, in particular regions or sectors of employment. The Committee would also be grateful if the Government would provide information on any measures taken by relevant equality agencies or by women's organizations to ensure and promote the application of the Convention.

5. Article 4. The Committee requests the Government to provide information on the actual methods adopted to cooperate with workers' and employers' organizations in the application of the Convention, with particular emphasis on any positive measures taken to give effect to the principle of equal remuneration.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information contained in the Government's first report on the application of the Convention. The Committee would be grateful if the Government would provide further information on the following matters in its next report.

1. Article 1, paragraph (a), of the Convention. The Committee notes that there is no general definition of "remuneration" in the 1994 Labour Code and that it is therefore not clear that all elements of remuneration are included within the concept of wages or remuneration as required by this provision of the Convention. The Committee requests the Government to indicate the measures taken to ensure that all payments to workers above the minimum wage, including "any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer" are made without discrimination based on sex.

2. Article 1, paragraph (b). The Committee notes that the only legislative stipulation concerning equal remuneration between men and women is contained in section 1 of the Labour Code, which provides that "men and women shall enjoy equal rights to work, remuneration, recreation, social security and social protection". This formulation does not address the concept of pay equality in the terms required by the Convention, which calls for the application of the principle of equal remuneration for men and women workers for work of equal value. Accordingly, the Committee requests the Government to indicate any measures taken or contemplated to reflect in legislation, the principle of the Convention.

3. Article 2. The Committee requests the Government to provide information on the criteria used to determine the classifications and corresponding wage scales of employees of the state administration and of state-owned enterprises, institutions and organizations and local self-government (pursuant to sections 85 and 86 of the Labour Code). Please also supply copies of the categories and wage scales in force in these sectors of employment, together with an indication as to the numbers or percentages of men and women employed in the various categories.

As concerns private sector employment, the Committee requests the Government to provide samples of collective agreements, including wage scales, concluded for enterprises or industries in which a significant number of women are employed. Please also indicate the extent to which workers are employed on piece-wages, as opposed to salaries, and supply information concerning the criteria used by employers for determining which of these systems of remuneration is to be applied. As requested in the report form on the Convention, please supply general information on the manner in which the application of the Convention is promoted and assured, and indicate whether the principle is applied to all workers, including those employed in agriculture and the service sector.

4. Article 3. It appears from Chapter 7 of the Labour Code, dealing with work quotas, that the quantity and quality of work determine the actual payment, or non-payment, of the fixed wage to workers employed under collective agreements. The Committee requests the Government to provide information on the extent to which work quotas are used, the types of jobs and sectors concerned and the way in which quotas are set and applied. The Committee also requests the Government to furnish information on any surveys or studies carried out, including statistical data, on the actual wage rates paid to men and women in the economy generally, in particular regions or sectors of employment. The Committee would also be grateful if the Government would provide information on any measures taken by relevant equality agencies or by women's organizations to ensure and promote the application of the Convention.

5. Article 4. The Committee requests the Government to provide information on the actual methods adopted to cooperate with workers' and employers' organizations in the application of the Convention, with particular emphasis on any positive measures taken to give effect to the principle of equal remuneration.