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

Equal Remuneration Convention, 1951 (No. 100) - Armenia (Ratification: 1994)

Other comments on C100

Observation

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Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. Private sector. The Committee notes that according to the National Statistical Committee, in 2020, the gender pay gap was 34.7 per cent (UN Women report “Analysis of the gender pay gap and gender inequality in the labour market in Armenia“ (2020). It further notes from data published by the World Bank data that, in 2021: (1) in Armenia, women earn 20 per cent less than men; and (2) several factors exacerbate the gender wage gap such as age, place of residence (regions or capital) and the level of education (Country gender profile Armenia- EU4Gender equality Report, 2021, page 32). The Committee notes that, in its report, the Government does not provide information on measures taken to address the gender pay gap in the private sector. The Committee therefore asks once again the Government to provide information on any proactive measures taken to address the underlying causes of the gender pay gap identified in the Country gender profile mentioned above; and updated statistical information on the gender pay gap and the levels of remuneration of men and women, disaggregated by sex and if available by sectors of the economy.

Public sector. Referring to it previous comments, the Committee notes that Law HO-206-N on the Public Service was adopted on 23 March 2018. According to Part 1 of section 48(1) of the Law, every person holding a public position and public servant has the right to remuneration in the amount prescribed by law without any discrimination. In addition, according to section 4 of Law No. HO-157-N of 12 December 2013 on Remuneration of persons holding public offices, as amended (2014), such remuneration is based on several principles, for example: the basic salary correspond to the duties and responsibilities assigned; the differentiation of the remuneration is justified by the position occupied by the public officers; the reasonable ratios of additional and basic salaries; the adequate remuneration for equivalent work and experience; the prohibition of discrimination in remuneration based on nationality, race, sex, religion, political or other views, social origin, property or other status. The Committee also notes that section 3(1) of the Labour Code (as amended in September 2019) prohibits and defines both direct and indirect discrimination in access to employment, vocational training and promotion and working conditions, based on different grounds, including gender, race, skin colour, ethnic or social origin.

The Committee notes that according to the statistical information provided by the Government, in 2018, the average salary of men employees in the group of senior positions was AMD664,225 (US$1,700), which is for 23 per cent higher than the average salary of women employees of the same group, AMD539,529 (US$1,300). In 2021, the average salary of men employees in the group of senior positions was AMD744,782 (US$1,900), which is for 29.5 per cent higher than the average salary of female employees of the same group, AMD 575,151 (US$1,400). According to the Government, such gender pay gap is the result of the rewards paid to men and women in different subgroups of positions as well as the length of service in the civil service. In this regard, the Government indicates that, the Strategy of reforming the public administration approved by Decision No. 691-L of May 13, 2022, as well as the Action Plan of 2021-2026 program of activities set as an objective to review the reward and incentive system and implement targeted measures to reduce the gender pay gap. The Committee once again asks the Government to take the necessary measures to include the principle of equal remuneration for men and women for work of equal value explicitly in the Law on the Public Service of 2018 and hopes that this principle will be taken into account in the reform of the administration. It asks the Government to provide: (i) information on the results achieved to narrow the gender pay gap following the implementation of the Strategy of reforming the public administration and the Action Plan 2021-2026, in particular the impact of the review of the reward and incentive system; and (ii) statistical information, disaggregated by sex, on the distribution of men and women in the various categories and positions of the civil service with their corresponding levels of earnings.

Articles 2 and 4. Determination of minimum wage rates and cooperation with workers’ and employers’ organizations. With reference to its previous comments, the Committee notes the Government’s indication that, the minimum monthly wage has been increasing from AMD13,000 (US$33) in 2005 to AMD68,000 (US$175) in 2020, with objective to reach a minimum wage of AMD85,000 (US$220) in 2026. According to the Government, as a result of raising the minimum wage, the gender pay gap may decrease to a certain extent, based on the fact that the employment of women in low-paid jobs is higher. The Committee welcomes this information. It observes however the absence of information on the draft Act on the establishment of the methodology for determining the minimum wage. The Committee encourages the Government to apply the principle of the Convention in the methodology used for determining the minimum wage as well as when revising the national minimum wage. The Committee also asks the Government to provide information on any assessment made of the impact of the increased minimum wage on the wages of women and the gender pay gap.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that, in 2018 a system of evaluation and classification of civil service positions was introduced based on five evaluation criteria, such as: the level of responsibility for organizing and directing the work; the authority or powers for making decisions; the impact of activities; the level of contacts and representation; the complexity of problems and their solutions.

Regarding the private sector, the Government indicates that there is no system of job evaluation. The Committee wishes to draw the Government’s attention to the job evaluation already undertaken in the public sector to build upon it. It recalls that in the public sector, the job evaluation is based on five job factors: level of responsibility; the authorities or powers for making decisions; the impact of activities; the level of contacts and representation; the complexity of the faced problems and their solutions. The Committee encourages the Government to take the necessary steps, in consultation with the social partners, to promote the adoption and the use of objective job evaluation methods in the private sector and to provide information on any measures taken in this regard. It also asks the Government to indicate how it is ensured that such methods and criteria are exempt from any gender bias and do not give rise, in practice, to an under-evaluation of jobs mainly occupied by women.

Enforcement. With reference to its previous comments, the Committee notes that following the Labour Code amendment in 2009 and the adoption of Ministerial Decision No. 1121-L of 2020, the Health and Labour Inspection Body and a labour legislation control department were established. The Committee asks the Government to provide information on: (i) any proactive measures taken to raise awareness of the meaning and scope of the principle of equal remuneration for men and women for work of equal value among law enforcement officials and (ii) the number, nature and outcome of any cases of pay inequality between men and women dealt with by the labour inspectors, the courts or any other competent authority.