Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Kazakhstan (Ratification: 2001)

Other comments on C100

Observation

Direct Request

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Kazakhstan (ratification: 2001)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as the information at its disposal in 2019.

The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 30 September 2020 on pay discrimination between men and women for work of equal value. The Committee requests the Government to provide its comments in this respect.

Article 1(a) of the Convention. Definition of remuneration. In its previous comment, the Committee asked the Government to clarify whether the term “payment” referred to in section 22(5) of the Labour Code is defined sufficiently broadly to cover all the elements of remuneration, in accordance with Article 1(a) of the Convention. In its report, the Government indicates that: (1) section 1(20) of the Labour Code defines “payment of labour” as the system of relations connected with the employer making the mandatory payment to a worker of compensation for his or her labour, in compliance with the Labour Code and other legislation, agreements, employment contracts, collective agreements and the employer’s internal regulations; (2) section 113 indicates that remuneration is set and paid in cash in the national currency at least once a month; and (3) section 1(37) defines “remuneration” as compensation for labour as a function of the worker’s qualifications and the difficulty, quantity, quality and conditions of the work performed, and indicates that it also includes compensatory and incentive payments. The Committee observes that it is still not clear from the Government’s reply what is encompassed by the term “payment” in section 22(5) of the Labour Code 2015 currently in force. The Committee recalls that the broad definition of “remuneration” set out Article 1(a) of the Convention captures all elements that a worker may receive for his or her work, including payments in cash as well as in kind, and payments made directly or indirectly by the employer to the worker which arise out of the worker’s employment, such as overtime payments, commissions, pay supplements and allowances as a result of specific working conditions, allowances for accommodation or for travel between home and work, holiday pay, shares in the capital of the enterprise, etc. The Committee therefore reiterates its request to the Government to clarify whether the term “payment” in the Labour Code 2015 also includes, in addition to the ordinary, basic or minimum wage or salary, all additional emoluments whatsoever payable to the worker out of his or her employment, directly or indirectly, whether in cash or kind, as required for the full implementation of the Convention.

Article 2. Minimum wages. The Committee previously requested the Government to: (1) indicate how “ordinary and unskilled work” is defined; (2) provide information on the types of jobs or sectors covered by the minimum wage; and (3) continue to provide information on any developments, with respect to the coverage and rates of minimum wages. The Committee notes the Government’s indication that unskilled workers are defined as workers who are not required to have an education and perform simple and mechanical jobs, and that the minimum level of remuneration is the same across Kazakhstan, irrespective of sex, place of residence, etc. The Committee requests the Government to provide information on: (i) the types of jobs or sectors covered by the minimum wage and any developments with respect to the coverage and rates of minimum wages; and (ii) the role of social partners in the minimum wage-setting process.

Article 3. Objective job evaluation. In its previous comment, the Committee asked the Government to specifically indicate: (1) how it is ensured that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly; and (2) the measures taken in practice to encourage the use of objective evaluation methods and procedures in both the private and public sectors. It also requested information on any job evaluation exercises undertaken, and their outcome. The Committee notes the Government’s indication that, under section 103 of the Labour Code, a worker’s monthly remuneration is set differently depending on the worker’s qualifications, the difficulty, quality and quantity of the work performed, and working conditions, and that there is no limit on the maximum level of monthly remuneration. In addition, the Committee notes that the Government recalls that remuneration for the same post with the same characteristics in terms of qualifications, geographical location and working conditions is identical and that these remuneration factors are therefore not discriminatory, directly or indirectly. The Committee wishes to recall in that regard that, whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias, as often in practice skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (General Survey on Fundamental Conventions, 2012, para. 701). Noting that the information provided does not indicate how the Government is encouraging the use of objective evaluation methods to ensure gender equality in the determination of remuneration, the Committee once again asks the Government to indicate the measures taken to encourage the use of objective job evaluation methods and procedures free from gender bias, in both the public and private sectors.

Articles 2 and 4. Collective bargaining. Cooperation with employers’ and workers’ organizations. The Committee previously once again asked the Government to provide: (1) summaries of any collective agreements expressly providing for equal remuneration for men and women for work of equal value; and (2) information on specific measures taken in cooperation with employers’ and workers’ organizations with a view to giving effect to the principle of the Convention. In its reply, the Government merely refers the Committee to section 157 of the Labour Code, which provides that collective agreements shall contain provisions on the fixing of remuneration, pay systems, the basic wage and salary rates, and emoluments for workers, including for those who perform heavy manual work or work in unhealthy and/or unsafe working conditions; in other words, a collective agreement must set out a pay system which includes equal pay for men and women. The Committee reiterates therefore its request to the Government to: (i) communicate copies of extracts from collective agreements explicitly providing for equal remuneration for men and women for work of equal value; and (ii) provide information on the specific measures taken in cooperation with employers’ and workers’ organizations to give effect to the principle of equal remuneration for men and women for work of equal value, such as joint training or awareness-raising activities.

Enforcement. The Committee previously asked the Government to provide information on: (1) the nature and number of violations of the legislation related to the principle of equal remuneration for work of equal value identified by or brought to the attention of labour inspectors; (2) the remedies provided and penalties imposed; and (3) examples of the practical application of sections 6 and 22(15) of the Labour Code, including any relevant administrative and judicial decisions applying the principle of the Convention. The Committee notes the Government’s indication that the Ministry of Labour and Social Protection has worked with the Office of the Prosecutor General and carried out inspections of enterprises employng more than 30 foreign workers in 2019. Inspections in 95 enterprises revealed 1,000 infringements of labour and migration legislation, including 479 cases of pay inequalities in 27 enterprises between foreign and local workers. The Ministry has carried out an analysis with a view to improving the legislative and regulatory framework to prevent any future breaches. In this regard, the Committee wishes to recall that although the Convention applies to all workers, it specifically addresses equal remuneration for men and women. The Committee therefore reiterates its request to the Government to provide information on: (i) the nature and number of violations of the legislation related to the principle of equal remuneration for men and women for work of equal value detected by or brought to the attention of labour inspectors; (ii) the remedies provided and penalties imposed; and (iii) any judicial or administrative decisions concerning the principle of the Convention, in particular on the practical application of sections 6 and 22(15) of the Labour Code.