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

1. Article 2 of the Convention. Application of the Convention through minimum wages. Recalling its previous comments on the effective implementation of minimum wage legislation, the Committee notes that according to the Government, the number of wage-related violations dealt with by the labour inspectorate has been decreasing in recent years. In 2002, labour inspectors imposed fines and ordered rectification in 22 cases involving failure to pay the minimum wage. The Committee also notes that the amount of the fines for this type of violation has been increased under the Employment Relationships Act 2002. The Government is asked to continue to provide information on the application of the Convention through minimum wages, including on the manner in which the principle of the Convention is taken into consideration in the process of minimum wage fixing, as well as the activities of the labour inspectorate to ensure compliance with minimum wage legislation.

2. Article 3. Objective appraisal of jobs. The Committee notes the Government’s statement to the effect that all regulations and mechanisms in place to determine wages use uniform criteria so that wage discrimination on the basis of sex will not occur if they are consistently applied. In this regard, the Government’s attention is drawn to the importance of assisting those involved in wage fixing in the design and application of appropriate methods to determine the value of work in order to avoid indirectly discriminatory criteria being used. The Committee considers that such measures would facilitate the implementation of section 133(1) of the Employment Relationships Act 2002 which introduced the notion of work value. Methods of assessing work value will also be of relevance to the bodies and institutions charged with enforcing section 133(1). The Committee therefore asks the Government to provide information on any measures taken to promote the objective appraisal of jobs on the basis of the work performed.

3. Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that under section 3 of the Act on Equal Opportunities for Men and Women 2002, the Government and competent ministries shall cooperate with social partners with a view to discussing solutions and proposals for the achievement of the Act’s aims. The Committee hopes that serious consideration will be given to how such cooperation will promote the application of the Convention, and that information on this action will be able to be provided in the next report.

4. Part V of the report form. Practical application of the Convention. The Committee notes the Government’s indication that the average monthly wage received by men in 2001 exceeded that of women by 12 per cent, as compared to 13.9 per cent in 2000. The Committee also notes from the data provided in the Statistical Yearbook 2003 (table 13.6) that in 2001 the gender wage gap continued to be largest in the category of "skilled workers" (19.7 per cent), while it continued to be narrower between men and women holding university degrees. The Committee asks the Government to continue to provide detailed statistical information on the earnings of men and women, as far as possible in accordance with the Committee’s 1998 general observation. Please indicate any measures taken to promote the application of the Convention in those sectors and in respect of those levels of professional skills which are characterized by a wider gender pay gap than average.