Equal Remuneration Convention, 1951 (No. 100) - Croatia (Ratification: 1991)

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

Previous comment

Legislation. The Committee takes note with interest the information provided in the Government’s report that, by virtue of the Act on Amendments of 2022 to the Labour Act (Official Gazette No. 151/22): (1) article 90 of the Labour Act was amended to define the term “remuneration”, which includes the basic or contracted salaries, supplements and other receipts paid in cash or in kind; (2) article 92(3) of the Labour Act further determines the definition of equal work, by indicating that work of equal “value”, is performed by two persons of different sexes if the work performed by one of them is of equal “value” to the work performed by the other, taking into account the qualification obtained at a certain level of education and the nature of the work determined according to objective criteria such as knowledge, skills, responsibility and independence required, as well as the conditions in which the work is performed; and (3) article 91(6) of the Labour Act also establishes the obligation of the employer to deliver data on wages and the criteria to determine them for equal work or work of equal value. In this regard, the Committee observes that, the European 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 sets out the right of workers to receive information on their pay level and the average pay levels for categories of workers performing the same work as them or work of equal ‘‘value” to theirs. The Committee welcomes the efforts of the Government and asks it to provide more information on the application, in practice, of the obligation established in Article 92 of the Labour Act.

Articles 1 and 2 of the Convention. Application of the principle of equal remuneration for work of equal value in law and practice. Public sector. Regarding the lack of a provision that expressly foresees the principle of equal remuneration for work of equal “value” between men and women in articles 10 and 11 of the Civil Servants Act, the Government indicates that: (1) according to article 4 of the same act, general labour regulations are applied in matters not governed therein, thus meaning that the principle foreseen in article 91 of the Labour Act, which the Committee considered in conformity with the Convention, applies to civil servants; (2) article 11 of the Civil Servants Act addresses equal treatment to civil servants regardless of their sex; and (3) the application of articles 10 and 11 of the Civil Servants Act is supervised through the administration inspection (ex officio and upon request). As regards information on complaints for discrimination in remuneration, the Government informs that all the reports from the Ombudsperson for Gender Equality are published periodically by this independent institution, and that although the Supreme Court publishes some rulings, they are not systematically categorized. The Committee asks the Government to provide information on: (i) cases where sections 10 and 11 of the Civil Service Act have been applied to address pay differences between men and women; and (ii) any sanctions imposed, and remedies granted.

National policy and gender pay gap. The Government refers to the draft National Plan for Gender Equality 2022-2027 and its corresponding Action Plan 2022–24, which the Committee notes were adopted in March 2023. As regards the gender pay gap, the Committee observes that: (1) the Government points to 2021 Eurostat data, which shows that the gender pay gap remained generally steady from 2019 (11.5 per cent) to 2021 (11.1 per cent); (2) according to the National Plan for Gender Equality 2022-2027, in December 2022 women’s average monthly net salaries were lower than men’s in 17 areas of activity, and salary difference were especially visible in industries where women predominate, amounting up to 34.8 per cent in the clothing production sector; and 83) in its 2022 National Report on the implementation of the European Social Charter, the Government indicated that it aims to reduce the gender pay gap between men and women to 7 per cent by 2027. The Committee asks the Government to provide information on the measures adopted in the framework of the National Plan for Gender Equality 2022–27 and its corresponding Action Plan 2022-2024 to reduce the root causes of the gender pay gap and the results achieved.

Article 3. Objective job evaluation. The Committee takes note that the Government: (1) reiterates its reference to the system of coefficients of the complexity of work, indicating that the principle of equal pay is directly applicable to the civil servants; and (2) explains that a draft Act on Wages in the State and Public Service is being prepared, to introduce a new system of pay grades to reduce the total of 3,000 different jobs with different coefficients to a little less than 600 and create an effective and fair system, which will regulate and harmonize allowances. The Government states further that the Action Plan for Gender Equality foresees the provision of guidelines to all companies, with a majority of State-owned shares, so that they revise their remuneration systems in a gender-neutral way and increase wage transparency, which they can do through the Gender Equality Plans they are obliged to adopt under the Gender Equality Act. The Committee asks the Government, to provide information on: (i) any progress on the elaboration and adoption of the draft Act on Wages in the State and Public service, and the establishment of a new system of pay grades; (ii) the number of companies who have adopted Gender Equality Plans and revised their remuneration systems; and (iii) any measures adopted under the Action Plan for Gender Equality to promote the design and use of objective job evaluation methods that are free from gender bias in the private sector.

Awareness-raising and enforcement. The Government indicates that: (1) it organized a high-level conference in 2020 with the primary goal of promoting women’s participation in the labour market and with a special emphasis on actions aiming at identifying and removing obstacles to increasing their activity; (2) several brochures and publications were issued on a wide range of topics related to gender equality during the period covered by the report; and (3) the Ombudsperson for Gender Equality published the “Guidelines of the national legislative framework for equal wages and pensions in the Republic of Croatia”. Regarding the Ombudsperson for Gender Equality, the Government also points out to the impossibility of providing information on the number of complaints filed and the outcomes of legal proceedings regarding the principle of the Convention because, as an independent institution that collects data within the field of its work and is responsible for its work to the Croatian parliament, the Government of the Republic of Croatia has no authority nor obligation to collect data from an independent body. The Government however indicates that: (1) the Ombudsperson for Gender Equality submits annual reports which include information on cases before Croatian courts, but this relates only to the cases in which has joined the process of plaintiff before competent courts; and (2) courts in Croatia do not have an obligation to publish their verdicts and there is no systematic categorization of decisions. The Committee recalls that an important aspect of monitoring the implementation is the collection and analysis of statistics (see 2012 General Survey on fundamental Conventions, paragraph 869). It further recalls that the Labour Inspectorate is also responsible for the effective application of the legislation related to the principle of the Convention. The Committee asks the Government to provide information on: (i) any awareness-raising activities that specifically address the principle of equal remuneration for men and women for work of equal “value”, as well as information on their impact (for instance, the number of participants); (ii) any training undertaken to increase the capacity of labour inspectors and other officials to detect violations of the principle enshrined in the Convention; and (iii) whether there are any measures foreseen to collect information on the number of violations detected and complaints filed before labour inspectors and other authorities.

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

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

Repetition

Articles 1 and 2 of the Convention. Application of the principle of equal remuneration for work of equal value in law and in practice. The Committee recalls that, in its previous comment, it had asked the Government to provide information on the practical application of sections 10(2) and 11 of the Civil Service Act of 2011, while awaiting the translation of the Civil Service Act of 2011 into one of the official languages of the Office. In its report the Government makes reference to articles 10 and 11 of the Civil Service Act, but does not provide any information on their application in practice and indicates that it does not have any information regarding complaints filed with the Ombudsperson for Gender Equality nor judicial decisions applying the principle of the Convention. The Committee notes that article 10(2) of the Civil Service Act of 2011, entitled “Salaries and other benefits” provides that “the right to equal pay for equal work or work of equal value” shall be accorded to all civil servants regardless of their type of contract, while section 11 entitled “Equal treatment and Equal opportunity” states that: “The chief executives of State bodies and superior civil servants shall be obliged to treat civil servants justly and equally, regardless of their race, political beliefs, sex, marital or familial status, sexual orientation, personal conditions, age, or ethnic origin, and provide them with equal opportunities for advancement, rewards and legal protection.” The Committee notes that, both of these provisions are too general and do not address specifically the principle of equal remuneration between men and women for work of equal value embodied in the Convention. The Committee notes, however, that the Gender Equality Act of 2008 prohibits discrimination on the basis of gender and refers to the principle of “equal pay for equal work and work of equal value” (article 13(1)(4)) in conformity with the Convention. The Committee also notes that the Labour Act No. 093/2014 of 18 July 2014 provides, in its article 91, that an “employer shall be obliged to pay equal remuneration to female and male workers for the same work or for work to which equal value is attributed” while giving a definition of “same work or work to which equal value is attributed” that is in line with the Convention. The Committee is of the view that the principle of equal remuneration between men and women for work of equal value should also be clearly stated in the Civil Service Act of 2011 – since the Convention clearly applies to the public sector. Regarding the annual report for 2017 of the Ombudsperson for Gender Equality, the Committee notes that it reveals that the majority of complainants were women (66.7 per cent) and that 86.2 per cent of cases were based on discrimination based on sex. However, the annual report does not identify if any of these cases were related to the issue of equal remuneration between men and women.The Committee therefore reiterates its request to the Government to take steps to collect statistical information on any complaints lodged before the Ombudsperson for Gender Equality regarding discrimination in remuneration, and any judicial decisions applying the principle of equal remuneration for men and women for work of equal value, and to provide information in this regard. It also requests the Government to provide information on the practical application of sections 10(2) and 11 of the Civil Service Act of 2011 and to ensure that the principle of the Convention is formally stated in the above-mentioned text and to keep it informed of any further developments on this matter.

National policy and gender pay gap. The Committee notes that the National Gender Equality Policy 2011–15 has expired and that, to date, the new National Gender Equality Policy has not yet been adopted. In this regard, it notes the Government indication that the Office for Gender Equality is in the process of preparing the new policy for the period 2017–20 which will include measures to enhance implementation of the principle of equal pay for work of equal value and to reduce the gender pay gap. It also notes the Government’s indication that the gender pay gap stands at 10.4 per cent. The Committee notes that the report does not provide information on any concrete steps taken to address effectively the gender pay gap nor on the results achieved through the implementation of the National Gender Equality Policy (2011–15). It also notes the concerns expressed by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that the effectiveness of the Office for Gender Equality and the Ombudsperson for Gender Equality is hampered by the inadequacy of the human, technical and financial resources allocated to them (CEDAW/C/HRV/CO/4-5, 28 July 2015, paragraph 12). The Committee also notes that, in the study entitled “Gender Equality Policies in Croatia – Update”, carried out and published in 2017 at the request of the European Parliament’s Committee on Women’s Rights and Gender Equality, by the Policy Department on Citizen’s Rights and Constitutional Affairs, it is indicated that, although the gender pay gap in Croatia is lower than the average for the European Union Member States, it is a persistent problem, aggravated by the fact that there is no obligation of pay transparency in the private sector, thus making it very hard for an individual to assert an equal pay claim. Likewise, the CEDAW noted the persistent horizontal and vertical occupational segregation, the lack of implementation of the principle of equal pay for work of equal value and the persistent gender wage gap (CEDAW/C/HRV/CO/4-5, 28 July 2015, paragraph 28(a) and (b)).The Committee asks the Government to provide information on the adoption of the new National Gender Equality Policy and the period it covers as well as on concrete steps taken to address effectively the gender pay gap and to report any results achieved. Please also provide information on the current gender pay gap, identifying differences between the private and public sectors.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that, according to the Civil Service Act, the wage rate is obtained by multiplying the basic salary by the job complexity coefficients which are equally applied to all civil servants without gender differences through the Civil Service Job Position Titles and Complexity Coefficients Regulations (as updated). The Committee recalls that Article 3of the Convention presupposes the use of appropriate techniques for objective job evaluation to determine value, comparing factors such as skill, effort, responsibilities and working conditions (see General Survey of 2012 on the fundamental Conventions, paragraph 675). The Committee notes that the Government did not provide any information concerning civil servants’ salaries and the drawing up of job descriptions free from gender bias.The Committee asks the Government, once again, to provide more detailed information on how it is ensured, through the Civil Service Job Position Titles and Complexity Coefficients Regulations or otherwise, that the criteria used to design the pay system in the civil service is free of gender bias and promotes the principle of the Convention and, in particular, to provide details on the job complexity coefficients used under the Regulations. The Committee once again asks the Government to provide information on active measures taken in law and in practice to promote the design and use of objective job evaluation methods that are free from gender bias in the private sector.

Awareness-raising and enforcement. The Committee notes that the National Gender Equality Policy 2011–15 envisaged two sets of measures to address the gender pay gap: improving the statistical monitoring and raising awareness of all stakeholders involved in collective bargaining of the importance of the principle of equal pay for work of equal value. It notes the Government’s statement that two implementation reports were prepared (2011–13 and 2014–15) and that “based on reports provided by the competent authorities, all stakeholders involved in collective bargaining are informed of the importance of equal pay for equal work and work of equal value for women and men”. The Committee notes however that, in the above-mentioned study “Gender Equality Policies in Croatia”, it is indicated that the measures envisaged in the national policy and directed at awareness-raising of social partners were not implemented at all. The Committee wishes to draw the Government’s attention to the fact that awareness-raising measures, can take multiple forms in addition to training activities, such as dissemination of information on national policies and legislation, publication of guidelines, handbooks, organization of workshops or campaigns, launching of specific programmes to mobilize various sectors, etc. Regarding enforcement, the Committee notes the information provided by the Government on the work of the Labour Inspectorate in reply to its previous comment. It notes that any worker who considers they have been subjected to gender-based discrimination can submit a complaint to the Labour Inspectorate. The Government, however, does not provide the requested information regarding the specific training or awareness-raising activities, the use of the complaint mechanisms and the specific functions of the labour inspectors.The Committee is therefore bound to ask the Government, once again, whether any awareness-raising activities, including specific training has been conducted or envisaged to raise awareness of the workers and employers concerning the principle of equal remuneration for men and women for work of equal value, and the use of the complaint mechanisms. Please provide examples. It also asks the Government to provide information on any training undertaken to increase the capacity of labour inspectors and other officials to detect violations of the principle under the Convention. Please provide information on the number of violations detected, complaints filed, and legal proceedings initiated before the courts and their outcome with respect to the principle under the Convention.

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

Articles 1 and 2 of the Convention. Application of the principle of equal remuneration for work of equal value in law and in practice. The Committee recalls that, in its previous comment, it had asked the Government to provide information on the practical application of sections 10(2) and 11 of the Civil Service Act of 2011, while awaiting the translation of the Civil Service Act of 2011 into one of the official languages of the Office. In its report the Government makes reference to articles 10 and 11 of the Civil Service Act, but does not provide any information on their application in practice and indicates that it does not have any information regarding complaints filed with the Ombudsperson for Gender Equality nor judicial decisions applying the principle of the Convention. The Committee notes that article 10(2) of the Civil Service Act of 2011, entitled “Salaries and other benefits” provides that “the right to equal pay for equal work or work of equal value” shall be accorded to all civil servants regardless of their type of contract, while section 11 entitled “Equal treatment and Equal opportunity” states that: “The chief executives of State bodies and superior civil servants shall be obliged to treat civil servants justly and equally, regardless of their race, political beliefs, sex, marital or familial status, sexual orientation, personal conditions, age, or ethnic origin, and provide them with equal opportunities for advancement, rewards and legal protection.” The Committee notes that, both of these provisions are too general and do not address specifically the principle of equal remuneration between men and women for work of equal value embodied in the Convention. The Committee notes, however, that the Gender Equality Act of 2008 prohibits discrimination on the basis of gender and refers to the principle of “equal pay for equal work and work of equal value” (article 13(1)(4)) in conformity with the Convention. The Committee also notes that the Labour Act No. 093/2014 of 18 July 2014 provides, in its article 91, that an “employer shall be obliged to pay equal remuneration to female and male workers for the same work or for work to which equal value is attributed” while giving a definition of “same work or work to which equal value is attributed” that is in line with the Convention. The Committee is of the view that the principle of equal remuneration between men and women for work of equal value should also be clearly stated in the Civil Service Act of 2011 – since the Convention clearly applies to the public sector. Regarding the annual report for 2017 of the Ombudsperson for Gender Equality, the Committee notes that it reveals that the majority of complainants were women (66.7 per cent) and that 86.2 per cent of cases were based on discrimination based on sex. However, the annual report does not identify if any of these cases were related to the issue of equal remuneration between men and women. The Committee therefore reiterates its request to the Government to take steps to collect statistical information on any complaints lodged before the Ombudsperson for Gender Equality regarding discrimination in remuneration, and any judicial decisions applying the principle of equal remuneration for men and women for work of equal value, and to provide information in this regard. It also requests the Government to provide information on the practical application of sections 10(2) and 11 of the Civil Service Act of 2011 and to ensure that the principle of the Convention is formally stated in the above-mentioned text and to keep it informed of any further developments on this matter.

National policy and gender pay gap. The Committee notes that the National Gender Equality Policy 2011–15 has expired and that, to date, the new National Gender Equality Policy has not yet been adopted. In this regard, it notes the Government indication that the Office for Gender Equality is in the process of preparing the new policy for the period 2017–20 which will include measures to enhance implementation of the principle of equal pay for work of equal value and to reduce the gender pay gap. It also notes the Government’s indication that the gender pay gap stands at 10.4 per cent. The Committee notes that the report does not provide information on any concrete steps taken to address effectively the gender pay gap nor on the results achieved through the implementation of the National Gender Equality Policy (2011–15). It also notes the concerns expressed by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that the effectiveness of the Office for Gender Equality and the Ombudsperson for Gender Equality is hampered by the inadequacy of the human, technical and financial resources allocated to them (CEDAW/C/HRV/CO/4-5, 28 July 2015, paragraph 12). The Committee also notes that, in the study entitled “Gender Equality Policies in Croatia – Update”, carried out and published in 2017 at the request of the European Parliament’s Committee on Women’s Rights and Gender Equality, by the Policy Department on Citizen’s Rights and Constitutional Affairs, it is indicated that, although the gender pay gap in Croatia is lower than the average for the European Union Member States, it is a persistent problem, aggravated by the fact that there is no obligation of pay transparency in the private sector, thus making it very hard for an individual to assert an equal pay claim. Likewise, the CEDAW noted the persistent horizontal and vertical occupational segregation, the lack of implementation of the principle of equal pay for work of equal value and the persistent gender wage gap (CEDAW/C/HRV/CO/4-5, 28 July 2015, paragraph 28(a) and (b)). The Committee asks the Government to provide information on the adoption of the new National Gender Equality Policy and the period it covers as well as on concrete steps taken to address effectively the gender pay gap and to report any results achieved. Please also provide information on the current gender pay gap, identifying differences between the private and public sectors.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that, according to the Civil Service Act, the wage rate is obtained by multiplying the basic salary by the job complexity coefficients which are equally applied to all civil servants without gender differences through the Civil Service Job Position Titles and Complexity Coefficients Regulations (as updated). The Committee recalls that Article 3 of the Convention presupposes the use of appropriate techniques for objective job evaluation to determine value, comparing factors such as skill, effort, responsibilities and working conditions (see General Survey of 2012 on the fundamental Conventions, paragraph 675). The Committee notes that the Government did not provide any information concerning civil servants’ salaries and the drawing up of job descriptions free from gender bias. The Committee asks the Government, once again, to provide more detailed information on how it is ensured, through the Civil Service Job Position Titles and Complexity Coefficients Regulations or otherwise, that the criteria used to design the pay system in the civil service is free of gender bias and promotes the principle of the Convention and, in particular, to provide details on the job complexity coefficients used under the Regulations. The Committee once again asks the Government to provide information on active measures taken in law and in practice to promote the design and use of objective job evaluation methods that are free from gender bias in the private sector.

Awareness-raising and enforcement. The Committee notes that the National Gender Equality Policy 2011–15 envisaged two sets of measures to address the gender pay gap: improving the statistical monitoring and raising awareness of all stakeholders involved in collective bargaining of the importance of the principle of equal pay for work of equal value. It notes the Government’s statement that two implementation reports were prepared (2011–13 and 2014–15) and that “based on reports provided by the competent authorities, all stakeholders involved in collective bargaining are informed of the importance of equal pay for equal work and work of equal value for women and men”. The Committee notes however that, in the above-mentioned study “Gender Equality Policies in Croatia”, it is indicated that the measures envisaged in the national policy and directed at awareness-raising of social partners were not implemented at all. The Committee wishes to draw the Government’s attention to the fact that awareness-raising measures, can take multiple forms in addition to training activities, such as dissemination of information on national policies and legislation, publication of guidelines, handbooks, organization of workshops or campaigns, launching of specific programmes to mobilize various sectors, etc. Regarding enforcement, the Committee notes the information provided by the Government on the work of the Labour Inspectorate in reply to its previous comment. It notes that any worker who considers they have been subjected to gender-based discrimination can submit a complaint to the Labour Inspectorate. The Government, however, does not provide the requested information regarding the specific training or awareness-raising activities, the use of the complaint mechanisms and the specific functions of the labour inspectors. The Committee is therefore bound to ask the Government, once again, whether any awareness-raising activities, including specific training has been conducted or envisaged to raise awareness of the workers and employers concerning the principle of equal remuneration for men and women for work of equal value, and the use of the complaint mechanisms. Please provide examples. It also asks the Government to provide information on any training undertaken to increase the capacity of labour inspectors and other officials to detect violations of the principle under the Convention. Please provide information on the number of violations detected, complaints filed, and legal proceedings initiated before the courts and their outcome with respect to the principle under the Convention.

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

The Committee notes with regret that the Government’s report has not been received. Noting the adoption of the new Labour Act of 18 July 2014, the Committee 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 specific issues raised in relation to the Labour Act, and other matters raised in its previous comments.

Repetition

Article 2(2)(a) of the Convention. Legislative developments. The Government indicates that section 10(2) of the new Civil Service Act explicitly provides for the right to equal remuneration for equally valued work, and that section 11 of the Act refers to the right to equal treatment. The Committee recalls that section 13(1)(4) of the Gender Equality Act of 2008 explicitly refers to the principle of the Convention, and applies to the public and the private sectors. The Committee notes that, according to the report of the Ombudsman for gender equality published in 2010, only seven out of 120 collective agreements analysed referred to the obligation to ensure equal pay for women and men. The Committee also notes that according to the Ombudsman Activity Report of 2009, 17 cases out of 172 complaints investigated by the Ombudsman’s office in 2009 related to gender, however, it is not clear whether any of these related to equal remuneration between men and women. The Ombudsman’s report also refers to shortcomings in establishing the records and statistical registration of discrimination cases, and to a “negligible number of court proceedings” initiated pursuant to section 17 of the Anti-Discrimination Act of 2008. No further information is provided by the Government concerning complaints lodged before the Ombudsman for gender equality regarding discrimination in remuneration, or any judicial decisions applying the principle under the Convention. While awaiting the translation of the Civil Service Act of 2011 into one of the official languages of the Office, the Committee asks the Government to provide information on the practical application of sections 10(2) and 11 of the Civil Service Act of 2011. The Committee also asks the Government to take steps to collect statistical information on any complaints lodged before the Ombudsman for gender equality regarding discrimination in remuneration, and any judicial decisions applying the principle of equal remuneration for men and women for work of equal value, and to provide information in this regard.

The gender pay gap. The Committee notes the adoption of the National Gender Equality Policy 2011–15, according to which reducing unemployment and the elimination of all forms of discrimination against women in the labour market remains the main strategic goal, and key activities will be conducted, including with a view to reducing the gender pay gap. The Committee also notes the statistical data on the average monthly gross earnings of men and women in all the economic sectors, which is contained in the report of the Bureau of Statistics “Women and men in Croatia”. According to the statistics published in 2012, the difference between women’s and men’s salaries in 2010 was still over 20 per cent in several economic sectors such as manufacturing, wholesale and retail trade, financial and insurance activities, and health and social work activities; the Government also indicates that men earned 22.6 per cent more than women on average in 2009. The Committee notes that the Government’s report still does not contain information on any measures taken or envisaged with a view to addressing the gender pay gap and ensuring the application of the principle of the Convention in practice. The Committee asks the Government to provide information on concrete steps taken to address effectively the gender pay gap, including within the framework of the national policy, and on the basis of the findings of studies conducted, and to provide information in this regard including any results achieved.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that Civil Service Job Position Titles and Complexity Coefficients Regulations (Official Gazette Nos 32/09, 140/09, 21/10, 38/10 and 77/10) have defined job complexity coefficients for civil servants and employees, however no further information has been provided concerning civil servants’ salaries and the drawing up of job descriptions free from gender bias. The Committee asks the Government to provide more detailed information on how the Civil Service Job Position Titles and Complexity Coefficients Regulations ensure that the design and implementation of the pay system in the civil service promotes the principle of the Convention, and addresses the gender pay gap in the civil service. Noting that no information is contained in the Government’s report, the Committee once again asks the Government to provide information on measures taken in law and in practice to promote the design and use of objective job evaluation methods that are free from gender bias in the private sector.

Awareness raising and enforcement. The Committee notes the Government’s indication that within the framework of the Supporting Equality in Croatian Labour Market Project, workshops were organized targeted at employers and covering the subjects of diversity and equality in the labour market in 2010; trainers who completed the train the trainers course under the Project delivered eight workshops for 127 employers in seven cities. The Committee notes, however, that it is still not clear if the training has been specifically targeted to address the principle of equal remuneration for men and women for work of equal value, or the complaint mechanisms in case of violation of the principle. The Committee asks the Government to indicate whether any specific training has been conducted or envisaged to raise awareness of the workers and employers concerning the principle of equal remuneration for men and women for work of equal value, and the use of the complaint mechanisms. It also asks the Government to describe the functions of the labour inspectors, if any, with regard to the enforcement of the principle of equal remuneration for men and women for work of equal value, and to provide information on any training undertaken to increase the capacity of labour inspectors and other officials to detect violations of the principle under the Convention. Please provide information on the number of violations detected, complaints filed, and legal proceedings initiated before the courts and their outcome with respect to the principle under the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Repetition

Article 2(2)(a) of the Convention. Legislative developments. The Government indicates that section 10(2) of the new Civil Service Act explicitly provides for the right to equal remuneration for equally valued work, and that section 11 of the Act refers to the right to equal treatment. The Committee recalls that section 13(1)(4) of the Gender Equality Act of 2008 explicitly refers to the principle of the Convention, and applies to the public and the private sectors. The Committee notes that, according to the report of the Ombudsman for gender equality published in 2010, only seven out of 120 collective agreements analysed referred to the obligation to ensure equal pay for women and men. The Committee also notes that according to the Ombudsman Activity Report of 2009, 17 cases out of 172 complaints investigated by the Ombudsman’s office in 2009 related to gender, however, it is not clear whether any of these related to equal remuneration between men and women. The Ombudsman’s report also refers to shortcomings in establishing the records and statistical registration of discrimination cases, and to a “negligible number of court proceedings” initiated pursuant to section 17 of the Anti-Discrimination Act of 2008. No further information is provided by the Government concerning complaints lodged before the Ombudsman for gender equality regarding discrimination in remuneration, or any judicial decisions applying the principle under the Convention. While awaiting the translation of the Civil Service Act of 2011 into one of the official languages of the Office, the Committee asks the Government to provide information on the practical application of sections 10(2) and 11 of the Civil Service Act of 2011. The Committee also asks the Government to take steps to collect statistical information on any complaints lodged before the Ombudsman for gender equality regarding discrimination in remuneration, and any judicial decisions applying the principle of equal remuneration for men and women for work of equal value, and to provide information in this regard.

The gender pay gap. The Committee notes the adoption of the National Gender Equality Policy 2011–15, according to which reducing unemployment and the elimination of all forms of discrimination against women in the labour market remains the main strategic goal, and key activities will be conducted, including with a view to reducing the gender pay gap. The Committee also notes the statistical data on the average monthly gross earnings of men and women in all the economic sectors, which is contained in the report of the Bureau of Statistics “Women and men in Croatia”. According to the statistics published in 2012, the difference between women’s and men’s salaries in 2010 was still over 20 per cent in several economic sectors such as manufacturing, wholesale and retail trade, financial and insurance activities, and health and social work activities; the Government also indicates that men earned 22.6 per cent more than women on average in 2009. The Committee notes that the Government’s report still does not contain information on any measures taken or envisaged with a view to addressing the gender pay gap and ensuring the application of the principle of the Convention in practice. The Committee asks the Government to provide information on concrete steps taken to address effectively the gender pay gap, including within the framework of the national policy, and on the basis of the findings of studies conducted, and to provide information in this regard including any results achieved.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that Civil Service Job Position Titles and Complexity Coefficients Regulations (Official Gazette Nos 32/09, 140/09, 21/10, 38/10 and 77/10) have defined job complexity coefficients for civil servants and employees, however no further information has been provided concerning civil servants’ salaries and the drawing up of job descriptions free from gender bias. The Committee asks the Government to provide more detailed information on how the Civil Service Job Position Titles and Complexity Coefficients Regulations ensure that the design and implementation of the pay system in the civil service promotes the principle of the Convention, and addresses the gender pay gap in the civil service. Noting that no information is contained in the Government’s report, the Committee once again asks the Government to provide information on measures taken in law and in practice to promote the design and use of objective job evaluation methods that are free from gender bias in the private sector.

Awareness raising and enforcement. The Committee notes the Government’s indication that within the framework of the Supporting Equality in Croatian Labour Market Project, workshops were organized targeted at employers and covering the subjects of diversity and equality in the labour market in 2010; trainers who completed the train the trainers course under the Project delivered eight workshops for 127 employers in seven cities. The Committee notes, however, that it is still not clear if the training has been specifically targeted to address the principle of equal remuneration for men and women for work of equal value, or the complaint mechanisms in case of violation of the principle. The Committee asks the Government to indicate whether any specific training has been conducted or envisaged to raise awareness of the workers and employers concerning the principle of equal remuneration for men and women for work of equal value, and the use of the complaint mechanisms. It also asks the Government to describe the functions of the labour inspectors, if any, with regard to the enforcement of the principle of equal remuneration for men and women for work of equal value, and to provide information on any training undertaken to increase the capacity of labour inspectors and other officials to detect violations of the principle under the Convention. Please provide information on the number of violations detected, complaints filed, and legal proceedings initiated before the courts and their outcome with respect to the principle under the Convention.

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

Article 2(2)(a) of the Convention. Legislative developments. The Committee notes the adoption of the Civil Service Act (Official Gazette No. 49/11) of 2011. The Government indicates that section 10(2) of the new Civil Service Act explicitly provides for the right to equal remuneration for equally valued work, and that section 11 of the Act refers to the right to equal treatment. The Committee recalls that section 13(1)(4) of the Gender Equality Act of 2008 explicitly refers to the principle of the Convention, and applies to the public and the private sectors. The Committee notes that, according to the report of the Ombudsman for gender equality published in 2010, only seven out of 120 collective agreements analysed referred to the obligation to ensure equal pay for women and men. The Committee also notes that according to the Ombudsman Activity Report of 2009, 17 cases out of 172 complaints investigated by the Ombudsman’s office in 2009 related to gender, however, it is not clear whether any of these related to equal remuneration between men and women. The Ombudsman’s report also refers to shortcomings in establishing the records and statistical registration of discrimination cases, and to a “negligible number of court proceedings” initiated pursuant to section 17 of the Anti-Discrimination Act of 2008. No further information is provided by the Government concerning complaints lodged before the Ombudsman for gender equality regarding discrimination in remuneration, or any judicial decisions applying the principle under the Convention. While awaiting the translation of the Civil Service Act of 2011 into one of the official languages of the Office, the Committee asks the Government to provide information on the practical application of sections 10(2) and 11 of the Civil Service Act of 2011. The Committee also asks the Government to take steps to collect statistical information on any complaints lodged before the Ombudsman for gender equality regarding discrimination in remuneration, and any judicial decisions applying the principle of equal remuneration for men and women for work of equal value, and to provide information in this regard.

The gender pay gap. The Committee notes the adoption of the National Gender Equality Policy 2011–15, according to which reducing unemployment and the elimination of all forms of discrimination against women in the labour market remains the main strategic goal, and key activities will be conducted, including with a view to reducing the gender pay gap. The Committee also notes the statistical data on the average monthly gross earnings of men and women in all the economic sectors, which is contained in the report of the Bureau of Statistics “Women and men in Croatia”. According to the statistics published in 2012, the difference between women’s and men’s salaries in 2010 was still over 20 per cent in several economic sectors such as manufacturing, wholesale and retail trade, financial and insurance activities, and health and social work activities; the Government also indicates that men earned 22.6 per cent more than women on average in 2009. The Committee notes that the Government’s report still does not contain information on any measures taken or envisaged with a view to addressing the gender pay gap and ensuring the application of the principle of the Convention in practice. The Committee asks the Government to provide information on concrete steps taken to address effectively the gender pay gap, including within the framework of the national policy, and on the basis of the findings of studies conducted, and to provide information in this regard including any results achieved.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that Civil Service Job Position Titles and Complexity Coefficients Regulations (Official Gazette Nos 32/09, 140/09, 21/10, 38/10 and 77/10) have defined job complexity coefficients for civil servants and employees, however no further information has been provided concerning civil servants’ salaries and the drawing up of job descriptions free from gender bias. The Committee asks the Government to provide more detailed information on how the Civil Service Job Position Titles and Complexity Coefficients Regulations ensure that the design and implementation of the pay system in the civil service promotes the principle of the Convention, and addresses the gender pay gap in the civil service. Noting that no information is contained in the Government’s report, the Committee once again asks the Government to provide information on measures taken in law and in practice to promote the design and use of objective job evaluation methods that are free from gender bias in the private sector.

Awareness raising and enforcement. The Committee notes the Government’s indication that within the framework of the Supporting Equality in Croatian Labour Market Project, workshops were organized targeted at employers and covering the subjects of diversity and equality in the labour market in 2010; trainers who completed the train the trainers course under the Project delivered eight workshops for 127 employers in seven cities. The Committee notes, however, that it is still not clear if the training has been specifically targeted to address the principle of equal remuneration for men and women for work of equal value, or the complaint mechanisms in case of violation of the principle. The Committee asks the Government to indicate whether any specific training has been conducted or envisaged to raise awareness of the workers and employers concerning the principle of equal remuneration for men and women for work of equal value, and the use of the complaint mechanisms. It also asks the Government to describe the functions of the labour inspectors, if any, with regard to the enforcement of the principle of equal remuneration for men and women for work of equal value, and to provide information on any training undertaken to increase the capacity of labour inspectors and other officials to detect violations of the principle under the Convention. Please provide information on the number of violations detected, complaints filed, and legal proceedings initiated before the courts and their outcome with respect to the principle under the Convention.

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

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

Repetition

Article 2(2)(a) of the Convention. Legislation. Work of equal value. The Committee notes that the new Gender Equality Act (Official Gazette 82/08), which entered into force on 15 July 2008, refers explicitly to the principle of the Convention, providing that “there shall be no discrimination in the field of employment and occupation …, in relation to … employment and working conditions …, including equal pay for equal work and work of equal value” (section 13(1)(4)), both in the private and in the public sectors. The Committee asks the Government to provide information on the application of section 13(1)(4) of the Gender Equality Act of 2008 in practice, including information on any complaints lodged before the Ombudsperson for gender equality regarding discrimination in remuneration, and any judicial decisions applying the principle of equal pay for men and women for work of equal value.

Implementing the National Policy for the Promotion of Gender Equality and addressing the gender remuneration gap. The Committee notes that following the adoption of the National Policy for the Promotion of Gender Equality 2006–10, various research activities have been undertaken, including research into pay levels in Croatia in 2008–09 and a study on the “identification of standards of discrimination in employing women”. The Committee further notes the Government’s indication that research conducted in Croatia has shown that on average “women are less paid for their work than men”. Moreover, the Committee notes the annual publication, since 2006, of statistical data on “men and women in Croatia”, which includes data on the average monthly gross earnings of men and women in all the sectors of the economy. According to the statistics published in 2010, the difference between women’s and men’s salaries is over 20 per cent in several sectors of the economy such as manufacturing, wholesale and retail trade, financial and insurance activities, and human health and social work activities, and is approximately 11 per cent on average for 2008. The Committee notes, however, that while the Government’s report contains general information on gender equality, it does not provide information on any measures taken or envisaged with a view to addressing the gender remuneration gap and ensuring the application of the principle of the Convention in practice. The Committee asks the Government to provide information on the results of the above studies as regards discrimination in remuneration, including relevant statistical data. It also asks the Government to provide information on any concrete measures taken to address effectively and specifically the existing remuneration gap between men and women within the framework of the national policy, including on the basis of the findings of such studies and their impact.

Article 3. Objective job evaluation. In its previous comments, the Committee had noted that a new law on civil servants’ salaries was being prepared and would introduce a new pay system. The Committee notes the Government’s indication that the work in this respect is still in progress. It further notes that, according to the Civil Service Human Resources Development Strategy (2010–13), “job descriptions will be aligned against a relevant classification set, standing as the foundation for achieving the principle of equal salary for equal work, i.e. work of equal value”. The Committee hopes that the determination of the new job descriptions and, as a consequence of the new jobs classification, will be based on the same criteria for both men and women and so drawn up as to exclude any gender bias. In this respect, the Committee draws the Government’s attention to the frequent undervaluation of tasks traditionally performed by women in the context of job evaluation. The Committee asks the Government to continue to provide information on the progress made in the adoption of the envisaged law concerning civil servants’ salaries and the drawing up of job descriptions free from gender bias. It again asks the Government to provide information on the specific measures taken and the methods used to ensure that the design and implementation of the future pay system in the civil service is in conformity with the Convention’s principle and addresses the gender remuneration gap (around 15 per cent in 2008).

With respect to the private sector, the Committee recalls that, in accordance with Article 3(1) of the Convention, measures shall be taken to promote objective appraisal of jobs on the basis of the work to be performed in order to give effect to the Convention. Noting that the Government’s report contains no information on any measures taken to that effect, the Committee once again asks the Government to provide information on measures taken in law and in practice to promote the design and use of objective job evaluation methods that are free from gender bias in the private sector.

Awareness raising and enforcement. The Committee notes the Government’s indication that, despite the existence of a gender remuneration gap, the Ombudsperson has not received a single complaint concerning pay inequalities in 2008. The Committee recalls that the absence of complaints on pay inequalities may result from the lack of knowledge of the rights derived from the Convention among workers, employers and their organizations, as well as law enforcers or difficulties in accessing complaint mechanisms. The Committee asks the Government to indicate whether any specific training has been envisaged to raise awareness of the rights of workers and the use of the complaint mechanisms, and to increase the capacity of labour inspectors and other law enforcers to detect violations of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on the number of violations detected, complaints filed, and legal proceedings initiated before the courts and their outcome as regards, specifically, the principle of the Convention. It further asks the Government to describe the functions of the labour inspectors, if any, with regard to the enforcement of the principle of equal remuneration for men and women for work of equal value.

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

Article 2(2)(a) of the Convention. Legislation. Work of equal value. The Committee notes with interest that the new Gender Equality Act (Official Gazette 82/08), which entered into force on 15 July 2008, refers explicitly to the principle of the Convention, providing that “there shall be no discrimination in the field of employment and occupation …, in relation to … employment and working conditions …, including equal pay for equal work and work of equal value” (section 13(1)(4)), both in the private and in the public sectors. The Committee asks the Government to provide information on the application of section 13(1)(4) of the Gender Equality Act of 2008 in practice, including information on any complaints lodged before the Ombudsperson for gender equality regarding discrimination in remuneration, and any judicial decisions applying the principle of equal pay for men and women for work of equal value.

Implementing the National Policy for the Promotion of Gender Equality and addressing the gender remuneration gap. The Committee notes that following the adoption of the National Policy for the Promotion of Gender Equality
2006–10, various research activities have been undertaken, including research into pay levels in Croatia in 2008–09 and a study on the “identification of standards of discrimination in employing women”. The Committee further notes the Government’s indication that research conducted in Croatia has shown that on average “women are less paid for their work than men”. Moreover, the Committee notes the annual publication, since 2006, of statistical data on “men and women in Croatia”, which includes data on the average monthly gross earnings of men and women in all the sectors of the economy. According to the statistics published in 2010, the difference between women’s and men’s salaries is over 20 per cent in several sectors of the economy such as manufacturing, wholesale and retail trade, financial and insurance activities, and human health and social work activities, and is approximately 11 per cent on average for 2008. The Committee notes, however, that while the Government’s report contains general information on gender equality, it does not provide information on any measures taken or envisaged with a view to addressing the gender remuneration gap and ensuring the application of the principle of the Convention in practice. The Committee asks the Government to provide information on the results of the above studies as regards discrimination in remuneration, including relevant statistical data. It also asks the Government to provide information on any concrete measures taken to address effectively and specifically the existing remuneration gap between men and women within the framework of the national policy, including on the basis of the findings of such studies and their impact.

Article 3. Objective job evaluation. In its previous comments, the Committee had noted that a new law on civil servants’ salaries was being prepared and would introduce a new pay system. The Committee notes the Government’s indication that the work in this respect is still in progress. It further notes that, according to the Civil Service Human Resources Development Strategy (2010–13), “job descriptions will be aligned against a relevant classification set, standing as the foundation for achieving the principle of equal salary for equal work, i.e. work of equal value”. The Committee hopes that the determination of the new job descriptions and, as a consequence of the new jobs classification, will be based on the same criteria for both men and women and so drawn up as to exclude any gender bias. In this respect, the Committee draws the Government’s attention to the frequent undervaluation of tasks traditionally performed by women in the context of job evaluation. The Committee asks the Government to continue to provide information on the progress made in the adoption of the envisaged law concerning civil servants’ salaries and the drawing up of job descriptions free from gender bias. It again asks the Government to provide information on the specific measures taken and the methods used to ensure that the design and implementation of the future pay system in the civil service is in conformity with the Convention’s principle and addresses the gender remuneration gap (around 15 per cent in 2008).

With respect to the private sector, the Committee recalls that, in accordance with Article 3(1) of the Convention, measures shall be taken to promote objective appraisal of jobs on the basis of the work to be performed in order to give effect to the Convention. Noting that the Government’s report contains no information on any measures taken to that effect, the Committee once again asks the Government to provide information on measures taken in law and in practice to promote the design and use of objective job evaluation methods that are free from gender bias in the private sector.

Awareness raising and enforcement. The Committee notes the Government’s indication that, despite the existence of a gender remuneration gap, the Ombudsperson has not received a single complaint concerning pay inequalities in 2008. The Committee recalls that the absence of complaints on pay inequalities may result from the lack of knowledge of the rights derived from the Convention among workers, employers and their organizations, as well as law enforcers or difficulties in accessing complaint mechanisms. The Committee asks the Government to indicate whether any specific training has been envisaged to raise awareness of the rights of workers and the use of the complaint mechanisms, and to increase the capacity of labour inspectors and other law enforcers to detect violations of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on the number of violations detected, complaints filed, and legal proceedings initiated before the courts and their outcome as regards, specifically, the principle of the Convention. It further asks the Government to describe the functions of the labour inspectors, if any, with regard to the enforcement of the principle of equal remuneration for men and women for work of equal value.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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:

Article 2, paragraph 2(a), of the Convention. Laws and regulations. The Committee notes that the Government, further to section 10(2) of the Act on civil servants which provides that civil servants have the right to equal salaries for work of equal value, adopted a Decree on job classification in the civil service on 17 July 2007. The Decree specifies jobs within three categories, namely, managerial, senior and junior civil service jobs. Under section 28 of the Decree all state bodies are to perform an analysis of the tasks involved in the different jobs and to draw up job descriptions. The Committee also notes that a new law on civil servants’ salaries is being prepared which will introduce a new pay system and provide for merit-based promotion in the civil service. The Committee asks the Government to provide information on the progress made in the adoption of the envisaged law concerning civil servants’ salaries and the drawing up of job descriptions. It also asks the Government to provide information on the specific measures taken and methods used to ensure that the design and implementation of the future pay system in the civil service is in accordance with the Convention’s principle.

National Policy for the Promotion of Gender Equality. The Committee notes that the National Policy for the Promotion of Gender Equality 2006–10 makes specific reference to the Convention. However, the Government has not yet provided information on any measures undertaken or envisaged under the National Policy specifically addressing the right of men and women to receive equal remuneration for work of equal value. In this regard, the Committee stresses that, in order to ensure that legal provisions on equal pay are effectively used and enforced, it is crucial that awareness raising, training and capacity building for workers and employers and their organizations, lawyers, judges and labour inspectors specifically address the principle of equal remuneration for women and men for work of equal value. The Committee therefore cannot but reiterate its previous request to the Government to provide specific information on how the Convention’s principle is promoted in the context of the implementation of the National Policy for the Promotion of Gender Equality.

Article 3. Objective job evaluation. While noting the Government’s explanation as to the efforts under way to evaluate public service jobs, the Committee notes that the Government’s report does not reply to the Committee’s previous request regarding the requirements of Article 3 as far as the private sector is concerned. The Committee therefore asks the Government to provide detailed information on the measures taken to promote the design and use of objective job evaluation methods that are free from gender bias in the private sector.

Statistical data on earnings of men and women. The Committee regrets that the statistical information on earnings contained in the Government’s report is not disaggregated by sex. It notes that the National Policy Promotion of Gender Equality 2006–10 places great emphasis on the need to establish and analyse gender-sensitive data including as regards the labour market. The Committee therefore asks the Government to provide information on the specific measures taken to collect and compile statistical data on the earnings of men and women, as far as possible as outlined in the Committee’s 1998 general observation, and to provide such data in its next report.

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

Article 2(2)(a) of the Convention. Laws and regulations. The Committee notes that the Government, further to section 10(2) of the Act on civil servants which provides that civil servants have the right to equal salaries for work of equal value, adopted a Decree on job classification in the civil service on 17 July 2007. The Decree specifies jobs within three categories, namely, managerial, senior and junior civil service jobs. Under section 28 of the Decree all state bodies are to perform an analysis of the tasks involved in the different jobs and to draw up job descriptions. The Committee also notes that a new law on civil servants’ salaries is being prepared which will introduce a new pay system and provide for merit-based promotion in the civil service. The Committee asks the Government to provide information on the progress made in the adoption of the envisaged law concerning civil servants’ salaries and the drawing up of job descriptions. It also asks the Government to provide information on the specific measures taken and methods used to ensure that the design and implementation of the future pay system in the civil service is in accordance with the Convention’s principle.

National Policy for the Promotion of Gender Equality. The Committee notes that the National Policy for the Promotion of Gender Equality 2006–10 makes specific reference to the Convention. However, the Government has not yet provided information on any measures undertaken or envisaged under the National Policy specifically addressing the right of men and women to receive equal remuneration for work of equal value. In this regard, the Committee stresses that, in order to ensure that legal provisions on equal pay are effectively used and enforced, it is crucial that awareness raising, training and capacity building for workers and employers and their organizations, lawyers, judges and labour inspectors specifically address the principle of equal remuneration for women and men for work of equal value. The Committee therefore cannot but reiterate its previous request to the Government to provide specific information on how the Convention’s principle is promoted in the context of the implementation of the National Policy for the Promotion of Gender Equality.

Article 3. Objective job evaluation. While noting the Government’s explanation as to the efforts under way to evaluate public service jobs, the Committee notes that the Government’s report does not reply to the Committee’s previous request regarding the requirements of Article 3 as far as the private sector is concerned. The Committee therefore asks the Government to provide detailed information on the measures taken to promote the design and use of objective job evaluation methods that are free from gender bias in the private sector.

Statistical data on earnings of men and women. The Committee regrets that the statistical information on earnings contained in the Government’s report is not disaggregated by sex. It notes that the National Policy Promotion of Gender Equality 2006–10 places great emphasis on the need to establish and analyse gender-sensitive data including as regards the labour market. The Committee therefore asks the Government to provide information on the specific measures taken to collect and compile statistical data on the earnings of men and women, as far as possible as outlined in the Committee’s 1998 general observation, and to provide such data in its next report.

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

1. Application by means of legislation. Civil service. The Committee notes that section 10(2) of the Act on civil servants of 15 July 2005 provides that civil servants, including those on fixed-term contracts or on probation have the right to equal salaries for work of equal value. Recalling that the principle of equal pay as set out in the Convention requires the Government to ensure equality in respect of all aspects of remuneration, as defined in Article 1(a) of the Convention, including benefits and allowances, the Committee asks the Government to:

(a)   indicate how it is ensured that not only salaries but also any other benefits and allowances are paid to men and women in accordance with the principle of equal remuneration for work of equal value; and

(b)   indicate the measures taken to ensure that the principle of equal remuneration is taken into account in the classification of jobs in the civil service and the determination of levels of remuneration.

2. Application in practice. The Committee notes from the Government’s report that violations of the equal pay provisions contained in section 89 of the Labour Act (No. 137/2004) (former section 82) are not subject to fines under the Act and that the State Labour Inspection Services have thus no mandate to supervise the application of these provisions. The Government indicates that, therefore, no information was available from the labour inspection services on the application of section 89. With reference to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), concerning the need to strengthen the implementation and enforcement of non-discrimination and equality provisions set out in the legislation, the Committee asks the Government, in consultation with the social partners, to consider providing the labour inspection services with a specific role in the promotion and protection of the right of men and women to receive equal remuneration for work of equal value. It also asks the Government to provide information on whether any cases concerning violations of the principle of equal remuneration have been brought before the courts or have been dealt with by the Ombudsperson for Gender Equality.

3. National Policy for Promotion of Gender Equality. The Committee notes that the Government’s report does not reply to the Committee’s request for information on any measures taken by the Government concerning the Convention’s principle in the context of the implementation of the National Policy for the Promotion of Gender Equality. The Committee trusts that the Government will supply the information requested in its next report, as well as information on any other measures taken to promote actively the application of the Convention.

4. Objective job evaluation. Recalling that the Convention envisages the use of objective job evaluation as the method to determine equal remuneration for work of equal value, the Committee asks the Government to provide information on any measures taken or envisaged to promote the design and use of objective job evaluation methods, including in the context of establishing “employment rules”, as required under section 88(2) of the Labour Act.

5. Statistical data on the earnings of men and women. The Committee asks the Government to provide the most recent available data on the earnings of men and women in the private and the public sectors, as far as possible, as set out in the Committee’s 1998 general observation on the Convention.

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

The Committee notes the Government’s reports, and the appended annexes.

1. The Committee notes with interest the indication that after the amendment of the Labour Act in July 2003, the definitions of both "work of equal value" and "remuneration" were included under section 82 in conformity with Article 1 of the Convention.

2. The Committee also notes with interest that provision 13(1)4 of the Equality of the Sexes Act, which came into force on 30 July 2003, forbids discrimination in pay based on sex.

3. Further to its previous request on statistics, the Committee takes note with interest that in late 2001 the Commission of the Government of the Republic of Croatia for Gender Equality published the booklet entitled "Women in Croatia in figures" to show the real situation of women in the Republic of Croatia in particular areas, a copy of which has been annexed to the report, and that will be analysed by the Committee after translation.

4. The Committee noted in its comment under the application of Convention No. 111 the adoption in December 2001 of a new National Policy for the Promotion of Equality that includes the programme of implementation of the National Policy for the Promotion of Equality in the Republic of Croatia in the period 2001-05 (No. 112/01). The Committee asks the Government to provide information in its next report on the activities carried out in the framework of this policy to ensure the application to all workers of the principle of equal pay between men and women for work of equal value.

5. Further to its previous comment the Committee takes note of the Government’s indication that, according to the Croatian Association of Employers, there are no rules for determining salaries for employers having less than 20 employees, and that in these cases, salaries are determined by a contract or by employment rules. The Committee asks the Government to provide information in its next report on whether new section 82 of the Labour Act applies to these employers, and if not, by which manner the Government ensures the application of the principle of equal pay between men and women for work of equal value in enterprises with fewer than 20 employees.

6. The Committee takes note that, according to the Government’s indication, no complaint about discrimination in salaries between women and men has been received. The Committee asks the Government to provide information with its next report on the activities of the inspection service to enforce the application of section 82 of the Labour Act, including awareness raising and counselling as well as the complaint-based activities.

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

The Committee notes the Government’s report.

1. The Committee notes with interest the Government’s statement that the application of the National Programme for the Promotion of Equality includes the compilation of data intended to provide a systematic presentation of the situation of women in all fields. It notes that the working group responsible for statistics in the Commission on Equality Issues has initiated a project to review the general methods for the compilation of statistical information, and for the harmonization of these methods with international standards. It regrets that the lack of financial resources has not yet enabled the group to finalize its work, but hopes that the Government will make every effort in the future to complete this work and asks it to keep the Committee informed of developments in this respect.

2. The Committee notes that the Government is expecting to receive from the Croatian Association of Employers copies of the rules determining wages for employers with fewer than 20 employees. It asks the Government to provide copies of these rules when it has obtained a copy of them from the employers.

3. The Committee notes the Government’s statement that the ombudsperson responsible, under the national policy, for examining discrimination between men and women, has not yet received any complaints concerning wage discrimination, but recalls its request to be provided with the results of the examination of the job evaluation system carried out within the context of the National Policy for the Promotion of Equality.

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

The Committee notes the information in the Government's report and the attached statistical data.

1. The Committee notes with interest the establishment, by decision of 9 May 1996, of the National Commission on Equality Issues, which subsequently drew up a National Policy for the Promotion of Equality, adopted by the Government on 18 December 1997. The Committee notes that one of the objectives of the National Policy is to ensure the systematic application of legislation which guarantees to women and men equal pay for equal work or work of equal value. The Government reports that, within the framework of the ILO project "More and Better Jobs for Women", a National Action Plan has been drafted to implement this objective, including, as the first of two priority measures for action, an assessment of existing job appraisal systems which will be undertaken with the participation of the women's sections of trade unions. The Committee notes this development with interest and hopes that the National Action Plan will be implemented in the near future and that the Committee will be kept informed of all activities undertaken in this regard. Noting from the statistics provided and the indication in the National Policy document that women account for a majority of employees in the manufacturing of textile and leather products, the Committee notes with interest that the National Action Plan takes into consideration that discrimination in remuneration may arise out of the existence of a heavy concentration of women workers in certain jobs and certain sectors of activity.

2. The Committee notes that, under the National Policy, the Labour Inspectorate is obliged to examine the principle of equal pay for equal work and work of equal value during its annual inspections and during inspections made in response to specific complaints. In this respect, it notes with interest that strengthening of the labour inspection system has been identified as the second priority measure for action in the plan of action. It further notes the Government's indication that, so far, the Labour Inspectorate has not found any cases of discrimination in remuneration, but repeats that the assessment of the job appraisal system may shed further light on this matter. While awaiting the results of this assessment, the Committee requests the Government to indicate whether the Ombudsman who, under the National Policy, is to consider the possibility of ensuring specific protection of the rights of women, especially in cases of discrimination, has dealt previously with complaints of discrimination in remuneration.

3. The Committee notes that the National Policy provides for the obligation to collect, compile, analyse and present data by gender and age, as well as to publish once a year statistical data about the position of women in all fields and that the Commission on Equality established a working group for this purpose. The Committee requests the Government to provide it with information on the activities of this working group, as well as to provide data gathered annually on the position of women in the fields of education and employment. With respect to the provision of other statistics, the Committee draws the Government's attention to the general observation on this Convention.

4. The Committee notes the Government's statement that employers with less than 20 employees, under section 81 of the Labour Code, are only required to pay employees an "appropriate salary", where salaries have not been fixed by collective agreement or by special regulation (as specified in the law governing administrative regulations). Such employers are nevertheless subject to the obligation imposed by section 82 of the Labour Code requiring them to pay equal remuneration for work of equal value. Noting the Government's statement that most of these employers effectively establish rules for the determination of wages, the Committee requests the Government to provide it with a copy of the above-mentioned rules.

5. The Committee notes the Government's indication that, under section 81 of the Labour Act, where salaries are not set by collective agreement or by specific rule (referred to as an employment by-law under the Labour Act), employers with fewer than 20 employees are obligated merely to pay their employees an "appropriate salary". These employers are nevertheless bound by section 82 of the Labour Act, which prescribes equal remuneration for equal work or for work of equal value. Noting the Government's statement that most of these employers do establish rules for wage determination, the Committee requests the Government to provide copies of any such rules established.

6. With reference to its previous comments, the Committee notes the Government's indication that employees do not receive any benefits in addition to those specified in employment contracts, collective agreements or employer rules and that violations of section 82 of the Labour Act are penalized under section 228 of the Act pertaining to violations of section 2, which prohibits discrimination on any basis.

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

1. The Committee notes the information provided by the Government in its first report, together with the report submitted by the Government on the application of the UN Convention on the Elimination of All Forms of Discrimination against Women (UN document CEDAW/C/CRO/1 of 15 February 1995). Noting that the Government is in the process of finalizing the National Policy for the Promotion of Equality, the Committee requests the Government to provide information on those aspects of the policy that are of particular relevance to the application of the principle of the Convention.

2. Article 1 of the Convention. The Committee notes that section 82 of the Labour Act (Act No. 758 of 17 May 1995) provides for the payment of equal salaries to women and men for equal work and for work of equal value and that any provision in an employment contract, collective agreement, employment by-law or other legal act in contravention of that principle shall be null and void. Please indicate whether workers receive bonuses or benefits, in cash or in kind, other than those specifically laid down in employment contracts, collective agreements or other legal instruments. If so, please provide information on the measures taken to ensure that the principle of equal remuneration is applied in respect of all emoluments whatsoever, payable directly or indirectly, by the employer to the worker.

3. Article 2. According to section 81 of the Labour Act, it appears that where the salary has not been fixed either by a collective agreement or by a specific rule (referred to as an employment by-law under the Act), employers with fewer than 20 employees are obliged to pay an "appropriate salary" to their workers. Recalling that the principle of the Convention is to be applied to all workers in the economy, the Committee requests the Government to provide information on the measures taken to ensure non-discrimination on the basis of sex with respect to these smaller undertakings.

4. The Committee requests the Government to provide more detailed information on the measures taken to monitor the application of the equal remuneration principle in different sectors and, in particular, on the activities of the labour inspectorate, including information on the number of violations reported and of penalties imposed. Please indicate whether inspections by the labour inspectorate have disclosed instances of employers declaring in their payroll accounts salaries for women that are less than the amount established in the relevant collective agreement, or of omitting information on women workers in these accounts, contrary to section 81 of the Labour Act. As concerns penalties, please clarify whether violations of section 82(1) of the Labour Act are penalized within the scope of violations of section 2 of the Act, the fines for which are prescribed in section 228. Please also provide information in future reports on any decisions made by the courts relating to wage discrimination.

5. The Committee requests the Government to furnish with its next report (i) the current public sector salary scales with, if possible, an indication of the percentage of women and men employed at different levels and (ii) copies of collective agreements setting wage rates in sectors in which the percentage of women is at least equal to that of men, together with information on the respective numbers of women and men covered by the agreements and their distribution among different jobs and grades. As it appears that statistical data on the minimum wage rates and the average actual earnings in the country, disaggregated by sex, are not yet available, either for the economy in general or for the different branches of activity in the private sector, the Committee requests the Government to indicate whether consideration has been given to collecting such statistics, which would be of considerable assistance in determining the progress made in the application of the Convention.

6. Article 3. The Committee notes that according to section 81 of the Labour Act, collective agreements and employment by-laws fix the "basis and criteria for salaries". Please provide information on the methodology used to evaluate and compare jobs and thus to classify posts and determine wage scales in collective agreements and employment by-laws.

7. Article 4. The Committee notes that one of the roles of the tripartite Economic and Social Council is to propose to the Government, and to employers and trade unions, the means to implement wage policies in compliance with the national Constitution and legislation and with the Convention. Please indicate whether the Council is now functioning and provide information on any proposals made with regard to implementing the principle of the Convention.