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

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

Other comments on C100

Direct Request

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

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

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

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

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

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

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

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