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

Equal Remuneration Convention, 1951 (No. 100) - Serbia (Ratification: 2000)

Other comments on C100

Direct Request

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Assessment and analysis of gender pay gap. The Committee notes the Government’s indication that the gender wage gap is 15 per cent. The Committee asks the Government to provide detailed statistical information on the earnings of men and women, according to sector or industry, and, if possible, according to occupation, as well as any available studies and reports on the gender pay gap and its underlying causes. The Committee asks the Government to provide information on any measures taken to reduce such gap, in particular through addressing the occupational segregation of women into certain lesser paid occupations and improving their access to better paid jobs and managerial positions, as well as on the results achieved in this respect.

Work of equal value. Legislation. The Committee recalls that the principle of equal remuneration for work of equal value is set out in section 104 of the Labour Code, which further defines “work of equal value” as “the work for which the same educational level, same working ability, responsibility as well as physical and intellectual works are needed”. The Committee asks the Government to consider reviewing the definition of “work of equal value” in section 104 of the Labour Code to ensure that equal remuneration is also provided when the jobs to be compared do not require the same level of education, working ability, responsibility as well as physical and intellectual work, but are nevertheless overall of equal value.

Application of the principle through collective agreements. The Committee asks the Government to provide information on how the principle of equal remuneration between men and women for work of equal value is reflected in the national collective agreement and in any other collective agreements currently in force.

Training and awareness raising. While noting the information provided by the Government on the institutional structure in charge of awareness-raising activities regarding the principle of the Convention, the Committee asks the Government to provide information on the specific activities that have actually been carried out or are envisaged to foster understanding of the principle of equal remuneration for men and women for work of equal value among workers and employers and their organizations, labour inspectors, judges and other relevant target groups, in particular any training provided on the concepts of “work of equal value” and objective job evaluation to compare the relative value of different jobs.

Enforcement. The Committee recalls that monitoring compliance with section 104 of the Labour Code falls within the mandate of the labour inspectorate. It notes that, pursuant to the 2009 Law on the Prohibition of Discrimination, the Commissioner for the Protection of Equality is competent to examine and act upon claims alleging the violation of the principle of equal remuneration for work of equal value (sections 16 and 33 read together). The Committee asks the Government to provide information on the number of wage discrimination claims dealt with by the labour inspectors, the Commissioner for the Protection of Equality or any other competent authority, including extracts of relevant reports, and their outcomes. The Committee also encourages the Government to carry out awareness-raising activities among workers in respect of the legal framework for submitting a claim alleging discrimination in remuneration. Please also indicate whether any cases concerning violations of the Convention’s principle have been decided by the courts.