Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Work of equal value. In its previous observation, the Committee expressed its concern that the wording in section 119(3) of the previous Labour Code may not be completely in line with the principles enshrined in the Convention, notably as regards the notion of “the same working conditions, efficiency and results” which does not seem to reflect fully the concept of “work of equal value”. The Committee notes with interest the Government’s statement in its report that an amended version of section 119(3) of the Labour Code will guarantee “equal wage of men and women for equal work or for work of equal value”. The Committee notes that the new Labour Code has been promulgated and came into force in September 2007. The Committee hopes that the new Labour Code will now fully reflect the principle of the Convention and looks forward to receiving a copy of the Code. The Committee also recalls its previous comments regarding the definition of “wage” and refers to this point in its direct request.

2. Remuneration gap between men and women. The Committee notes the statistical information provided by the Government on the average earnings of men and women in the year 2005, for which it is grateful. Relying on these data, the Committee observes that during 2005 there was a slight increase in the average wage of women as a share of men’s wage of 1.16 percentage points (from 76.34 per cent in 2004 to 77.5 per cent in 2005). Nonetheless, data show that a significant gap between women’s and men’s wages still exists with regard to all “age” and “employment” categories represented. In particular, the Committee notes that the highest wage gap can be found among legislators, managing and senior employees (38 per cent), along with tradespersons and qualified blue-collar workers in related fields (38 per cent), whereas the lowest gap is to be found among clerks (17 per cent) and skilled blue-collar workers in agriculture and forestry (15 per cent). When looking at average earnings according to age, statistics show that wage differences are the highest in the age category from 35 to 39 years of age (31 per cent), while they are the lowest in the age category from 20 to 24 years of age (14 per cent). The Committee again recalls the importance of increasing women’s participation in higher paid jobs, including through training courses. At the same time, while inviting the Government to explore measures to promote access of women to higher paid sectors and occupations, the Committee points out that female-dominated sectors and occupations must not be undervalued. It asks the Government to continue to provide statistical information, disaggregated by sex, on the earnings gap between men and women, and to keep it informed on any programmes, projects and measures adopted to reduce the remuneration gap between men and women and to promote women’s access to high-paid jobs, as well as their impact.

3. Collective agreements. The Committee recalls its previous comments on the possibility of extending collective agreements under section 7 of Act No. 2/1991 Coll. on collective bargaining, as amended, and on the Government’s practice of not extending such collective agreements due to resistance of employers. The Committee also notes that the extension of binding effects of these collective agreements is decided upon by the Government in cooperation with the Tripartite Commission. The Committee recalls the General Survey of 1986 on equal remuneration which points out the possibility of giving general binding force to collective agreements as representing an important tool for the State in supervising the contents of collective agreements, particularly as regards the principle of equal remuneration (paragraphs 154 and 155). In the absence of relevant information in the Government’s report, the Committee invites the Government to provide information in its next report on any measures taken to raise awareness among the Tripartite Commission, and the social partners in general, about the importance of extending collective agreements to promote the principle of equal remuneration for men and women for work of equal value. Please also provide information on cases where clauses of collective agreements have been found to be in breach of the principle of equal remuneration for work of equal value and thus considered invalid pursuant to section 4(2)(a) of the Collective Bargaining Act.

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