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Repetition Article 1(a) of the Convention. Definition of remuneration. The Committee notes section 151 of the Labour Code, which defines wages to include “remuneration for labour in accordance with its complexity, quantity, quality and the conditions in which it is performed, as well as compensatory and incentive payments”. The Government indicates that “compensatory and incentive payments” are paid in the form of increments and supplements, and that the amount is fixed as a precise amount or as a rate to the basic pay or salary. The Committee asks the Government to indicate how in practice the principle of equal remuneration is applied to payments in kind as well as additional payments, including bonuses and allowances. Article 1(b). Equal remuneration for work of equal value. The Committee recalls section 17 of the Gender Equality Act of 2003 providing that persons of different sex are entitled to equal wages given the same qualifications and the same conditions of work. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which is a feature of the labour market in Kyrgyzstan, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (General Survey on fundamental Conventions, 2012, paragraph 673). The Committee, therefore, asks the Government to take steps to amend section 17 of the Gender Equality Act in order to give full legislative expression to the principle of the Convention and to indicate how the principle of equal remuneration for men and women for work of equal value is applied in practice. Please also indicate whether the Act applies equally to the public and private sectors and provide information on what measures have been taken or envisaged to implement the provisions of the Gender Equality Act. Article 2. Promoting and ensuring application. The Committee recalls the wage reform policy (2003–10) which has as one of its main objectives the prohibition of discrimination against workers on a variety of grounds including sex, and Decree No. 141 of 18 March 2004 specifying a plan of measures to implement this policy, including proposals to improve the wage organization system in the public sector and to regulate wage setting in the private sector. The Committee notes that the Third National Plan of Action for Gender Equality for the period from 2012–14 was approved. The Committee asks the Government to provide updated information on any wage policy, as well as other measures taken or envisaged, including under the National Plan of Action for Gender Equality for the period from 2012–14, to promote and ensure the application of the principle of equal remuneration for men and women for work of equal value. Collective agreements. The Committee recalls that the wage reform policy (2003–10) indicated that wage rates and salary scales in enterprises not under state ownership shall be based on collective agreements at the sectoral or enterprise level, but shall not be less than the minimum wage. The Committee notes the Government’s indication that according to “Act on the budget for 2012 and the budget estimate for 2012–14”, the minimum wage was fixed at 760 soms (KGS) for 2012, KGS840 for 2013, and KGS900 for 2014. The Committee again asks the Government to indicate how it promotes and ensures the application of the principle of equal remuneration in the negotiation and implementation of collective agreements setting wages above the minimum wage, and to supply copies of any existing agreements in this regard. It also asks the Government to provide statistics on the number of workers, disaggregated by sex, covered by these collective agreements and, where possible, the number of men and women employed in the private sector whose wages have not been set through collective bargaining. Public sector. The Committee recalls the Government’s previous indication that wages in the public sector are determined according to the Public Employees Act and that the Government has approved a unified wage scale, differentiated between scientific, health, social security, education, culture and sports, archives and hydrometry services. The Committee notes that the Government has not provided further information in this regard. The Committee again asks the Government to provide a copy of the unified wage scale in the public sector, along with statistical information on the number of public employees by occupation and position disaggregated by sex. The Committee also asks the Government to indicate how it is ensured that the principle of equal remuneration for men and women for work of equal value is applied with respect to payments in kind as well as additional payments in the public sector. Article 4. Cooperation with employers’ and workers’ organizations. The Committee recalls the Government’s previous indication that under the Labour Relations Act, a permanent national tripartite committee was established to act as the organ of social partnership in Kyrgyzstan. The Committee again asks the Government to provide information on how the work of this tripartite committee has contributed to the application of the principle of equal remuneration for men and women for work of equal value. It also asks the Government to provide information on the specific measures taken in collaboration with the employers’ and workers’ organizations to implement the provisions of the Convention, including with respect to promoting objective job evaluation methods. Parts III and IV of the report form. Enforcement and judicial decisions. The Committee notes section 421 of the Labour Code, which provides for the competencies of the courts in examining individual labour disputes concerning the pay difference for the period of performing lower paid jobs. The Committee also notes that the National Council on Women, Family and Gender Development was established in December 2012 pursuant to sections 25, 34 and 35 of the Gender Equality Act. The Committee asks the Government to provide detailed information on the work of the National Council on Women, Family and Gender Development with respect to the promotion and application of the principle of the Convention. It also asks the Government to provide details on the number and outcome of equal pay complaints submitted under the Labour Code and the Gender Equality Act. Please further provide information on the activities of the State Labour Inspectorate with respect to the principle of equal remuneration for men and women for work of equal value, particularly relating to the training of inspectors, inspections conducted, infringements recorded as well as any resulting court cases and sanctions imposed. Part V of the report form. Practical application. Gender wage gap. The Committee notes from the Government’s report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that the average monthly wage of women in 2005 was 62.5 per cent of the average monthly wage of men (CEDAW/C/KGZ/3, 2 March 2007). The Committee also notes that the CEDAW, in its concluding observation of 14 November 2008, was concerned at the situation of women in the labour market, including the persistent concentration of women in traditional spheres of employment, in low-paid positions, in particular in the informal sector, the wage differentials between women and men, and the high rate of unemployment among women (CEDAW/C/KGZ/CO/3, 14 November 2008, paragraph 35). The Committee again asks the Government to provide information on measures taken or envisaged to combat the wage differentials between men and women, to increase the number of women in male-dominated sectors and to ensure that female dominated occupations are not being undervalued. The Committee also asks the Government to provide updated statistical information on wages disaggregated by sex, which will allow the Committee to evaluate adequately the nature, extent and causes of the gender wage gap both in the public and private sectors.
Repetition Article 1(a) of the Convention. Definition of remuneration. The Committee notes that section 213 of the Labour Code defines wages to include “a money remuneration for work which an employer shall pay to an employee”. It further notes from the Government’s report the introduction of a system of bonuses and other material incentives, which do not form part of a worker’s usual wage rate, to promote increased efficiency, productivity and work quality. The Committee points out that the principle of the Convention applies to both the basic wage and also any additional emolument, paid in cash or in kind. It asks the Government to indicate how in practice the principle of equal remuneration is applied to payments in kind as well as additional payments such as long-service increments, supplements, bonuses or mission allowances so as to ensure that such payments do not give rise to discrimination on the basis of sex.Article 1(b). Equal remuneration for work of equal value. The Committee notes that the Gender Equality Act aims to protect men and women from sex discrimination in labour relations and provides in section 17 that persons of different sex are entitled to equal wages given the same qualifications and the same conditions of work. The Committee draws the Government’s attention to the fact that the principle set out in the Convention goes beyond a reference to identical or similar work and that equal remuneration for men and women workers has to be understood as also covering different work performed by men and women but which is of equal value. The Committee, therefore, asks the Government to consider amending section 17 of the Gender Equality Act to bring the law into conformity with the principle of the Convention and to indicate how the principle of equal remuneration for men and women for work of equal value is applied in practice. Please also indicate whether the Act applies equally to the public and private sectors and provide information on what measures have been adopted or are being contemplated to implement the provisions of the Gender Equality Act.Article 2, paragraph 2(a). National laws or regulations. The Committee notes with interest the Government’s adoption of a wage reform policy (2003–10) which has as one of its main objectives the prohibition of discrimination against workers on a variety of grounds including sex. It also notes from the Government’s report that Decree No. 141 of 18 March 2004 approved a plan of measures to implement this policy, including proposals to improve the wage organization system in the public sector and to regulate wage setting in the private sector. The Committee asks the Government to outline what measures it has taken or foresees under this wage reform policy to promote and ensure the application of the principle of equal remuneration for work of equal value and to keep the Committee informed on both the progress and measured outcomes of this policy’s implementation.Article 2, paragraph 2(c). Collective agreements. The Committee notes from the Government’s report that, in the private sector, wages are fixed on the basis of collective agreements or employment contracts. Additionally, in accordance with the wage reform policy (2003–10), the Committee notes that wage rates and salary scales in enterprises not under state ownership shall be based on collective agreements at the sectoral or enterprise level, but shall not be less than the minimum wage. The Committee asks the Government to explain how it promotes and ensures the application of the principle of equal remuneration in the negotiation and execution of collective agreements setting wages above the minimum wage, and to supply copies of any existing agreements along with its next report. It also asks the Government to provide statistics on the number of workers, disaggregated by sex, covered by these collective agreements and, where possible, the number of men and women employed in the private sector whose wages have not been set through collective bargaining.Public sector. The Committee notes the information in the Government’s report that wages in the public sector are determined according to the Public Employees Act and that the Government has approved a single wage scale, differentiated between scientific, health, social security, education, culture and sports, archives and hydrometry services. The Committee also notes that the salary scale includes monthly increments, wage supplements, long-service increments, bonuses and other additions, which are paid to employees for conscientiousness, efficiency, quality of work and other achievement-based criteria. The Committee notes, however, that despite the Government’s indication, it did not receive the single wage scale for the public service as described in the Government’s report. The Committee, therefore, asks the Government to send a copy of this wage scale, along with statistical information on the number of public employees by occupation and skill group disaggregated by sex. It further asks the Government to provide information on how it ensures that the principle of equal remuneration is applied with respect to the abovementioned additional payments.Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the statement in the Government’s report that under the Labour Relations Act, a permanent national tripartite committee was established to act as the organ of social partnership in Kyrgyzstan. The Committee asks the Government to provide information on how the work of this tripartite committee has contributed to the application of the principle of equal remuneration. It also urges the Government to consider more active measures to involve the employers’ and workers’ organizations in the implementation of the provisions of the Convention, including raising the awareness of the social partners on their vital contribution to the effective implementation of the principle of equal remuneration for women and men for work of equal value. The Committee asks the Government to provide information, in its next report, on the particular steps taken in this regard.Parts III and IV of the report form. Enforcement and relevant judicial decisions. The Committee notes the Government’s information that the Gender Equality Act is monitored by the Attorney-General (section 28) and that enforcement is accomplished through gender rights reports by state authorities, independent voluntary organizations and other non-governmental organizations. It notes in particular that the National Council on Women, the Family and Gender Development is also responsible for ensuring and monitoring compliance with the Act (sections 25, 34 and 35) and is mandated in this respect to publish annual reports. The Committee asks the Government to provide information on the work of the National Council with respect to the promotion and application of the principle of the Convention. It also asks the Government to provide details on the number and outcome of equal pay complaints submitted under the Gender Equality Act. Noting further the Government’s addendum to its report to the UN Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW/C/KGZ/2/Add.1), the Committee notes that new “regulations on verification check-ups” have been introduced for the State Labour Inspectorate. Noting that these new regulations include mandatory assessments of the working conditions of women, the Committee once again hopes the Government will provide information in its next report on the activities of the State Labour Inspectorate with respect to the principle of equal remuneration, particularly relating to the training of inspectors, inspections conducted, infringements recorded as well as any resulting court cases and sanctions imposed.Part V of the report form. Practical application. Gender wage gap. With reference to its previous comments, the Committee reiterates that according to the abovementioned government report to CEDAW (CEDAW/C/KGZ/2, 7 October 2002) the average monthly wage of women in 2001 was 67.6 per cent of the average monthly wage of men. It also noted the statement in the report that women earn less than men given that they work in sectors of the economy that are less well paid compared to the sectors where men work. The Committee again asks the Government to provide information with its next report on measures taken or envisaged to combat the wage differentials between men and women, to increase the number of women in male-dominated sectors and to ensure that female dominated occupations are not being undervalued. As requested above, it encourages the Government to provide statistical information disaggregated by sex, which will allow the Committee to evaluate adequately the nature, extent and causes of salary differentials between men and women in both the public and private sectors.
The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Article 1(a) of the Convention. Definition of remuneration. The Committee notes that section 213 of the Labour Code defines wages to include “a money remuneration for work which an employer shall pay to an employee”. It further notes from the Government’s report the introduction of a system of bonuses and other material incentives, which do not form part of a worker’s usual wage rate, to promote increased efficiency, productivity and work quality. The Committee points out that the principle of the Convention applies to both the basic wage and also any additional emolument, paid in cash or in kind. It asks the Government to indicate how in practice the principle of equal remuneration is applied to payments in kind as well as additional payments such as long-service increments, supplements, bonuses or mission allowances so as to ensure that such payments do not give rise to discrimination on the basis of sex.
Article 1(b). Equal remuneration for work of equal value. The Committee notes that the Gender Equality Act aims to protect men and women from sex discrimination in labour relations and provides in section 17 that persons of different sex are entitled to equal wages given the same qualifications and the same conditions of work. The Committee draws the Government’s attention to the fact that the principle set out in the Convention goes beyond a reference to identical or similar work and that equal remuneration for men and women workers has to be understood as also covering different work performed by men and women but which is of equal value. The Committee, therefore, asks the Government to consider amending section 17 of the Gender Equality Act to bring the law into conformity with the principle of the Convention and to indicate how the principle of equal remuneration for men and women for work of equal value is applied in practice. Please also indicate whether the Act applies equally to the public and private sectors and provide information on what measures have been adopted or are being contemplated to implement the provisions of the Gender Equality Act.
Article 2, paragraph 2(a). National laws or regulations. The Committee notes with interest the Government’s adoption of a wage reform policy (2003–10) which has as one of its main objectives the prohibition of discrimination against workers on a variety of grounds including sex. It also notes from the Government’s report that Decree No. 141 of 18 March 2004 approved a plan of measures to implement this policy, including proposals to improve the wage organization system in the public sector and to regulate wage setting in the private sector. The Committee asks the Government to outline what measures it has taken or foresees under this wage reform policy to promote and ensure the application of the principle of equal remuneration for work of equal value and to keep the Committee informed on both the progress and measured outcomes of this policy’s implementation.
Article 2, paragraph 2(c). Collective agreements. The Committee notes from the Government’s report that, in the private sector, wages are fixed on the basis of collective agreements or employment contracts. Additionally, in accordance with the wage reform policy (2003–10), the Committee notes that wage rates and salary scales in enterprises not under state ownership shall be based on collective agreements at the sectoral or enterprise level, but shall not be less than the minimum wage. The Committee asks the Government to explain how it promotes and ensures the application of the principle of equal remuneration in the negotiation and execution of collective agreements setting wages above the minimum wage, and to supply copies of any existing agreements along with its next report. It also asks the Government to provide statistics on the number of workers, disaggregated by sex, covered by these collective agreements and, where possible, the number of men and women employed in the private sector whose wages have not been set through collective bargaining.
Public sector. The Committee notes the information in the Government’s report that wages in the public sector are determined according to the Public Employees Act and that the Government has approved a single wage scale, differentiated between scientific, health, social security, education, culture and sports, archives and hydrometry services. The Committee also notes that the salary scale includes monthly increments, wage supplements, long-service increments, bonuses and other additions, which are paid to employees for conscientiousness, efficiency, quality of work and other achievement-based criteria. The Committee notes, however, that despite the Government’s indication, it did not receive the single wage scale for the public service as described in the Government’s report. The Committee, therefore, asks the Government to send a copy of this wage scale, along with statistical information on the number of public employees by occupation and skill group disaggregated by sex. It further asks the Government to provide information on how it ensures that the principle of equal remuneration is applied with respect to the abovementioned additional payments.
Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the statement in the Government’s report that under the Labour Relations Act, a permanent national tripartite committee was established to act as the organ of social partnership in Kyrgyzstan. The Committee asks the Government to provide information on how the work of this tripartite committee has contributed to the application of the principle of equal remuneration. It also urges the Government to consider more active measures to involve the employers’ and workers’ organizations in the implementation of the provisions of the Convention, including raising the awareness of the social partners on their vital contribution to the effective implementation of the principle of equal remuneration for women and men for work of equal value. The Committee asks the Government to provide information, in its next report, on the particular steps taken in this regard.
Parts III and IV of the report form. Enforcement and relevant judicial decisions. The Committee notes the Government’s information that the Gender Equality Act is monitored by the Attorney-General (section 28) and that enforcement is accomplished through gender rights reports by state authorities, independent voluntary organizations and other non-governmental organizations. It notes in particular that the National Council on Women, the Family and Gender Development is also responsible for ensuring and monitoring compliance with the Act (sections 25, 34 and 35) and is mandated in this respect to publish annual reports. The Committee asks the Government to provide information on the work of the National Council with respect to the promotion and application of the principle of the Convention. It also asks the Government to provide details on the number and outcome of equal pay complaints submitted under the Gender Equality Act. Noting further the Government’s addendum to its report to the UN Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW/C/KGZ/2/Add.1), the Committee notes that new “regulations on verification check-ups” have been introduced for the State Labour Inspectorate. Noting that these new regulations include mandatory assessments of the working conditions of women, the Committee once again hopes the Government will provide information in its next report on the activities of the State Labour Inspectorate with respect to the principle of equal remuneration, particularly relating to the training of inspectors, inspections conducted, infringements recorded as well as any resulting court cases and sanctions imposed.
Part V of the report form. Practical application. Gender wage gap. With reference to its previous comments, the Committee reiterates that according to the abovementioned government report to CEDAW (CEDAW/C/KGZ/2, 7 October 2002) the average monthly wage of women in 2001 was 67.6 per cent of the average monthly wage of men. It also noted the statement in the report that women earn less than men given that they work in sectors of the economy that are less well paid compared to the sectors where men work. The Committee again asks the Government to provide information with its next report on measures taken or envisaged to combat the wage differentials between men and women, to increase the number of women in male-dominated sectors and to ensure that female‑dominated occupations are not being undervalued. As requested above, it encourages the Government to provide statistical information disaggregated by sex, which will allow the Committee to evaluate adequately the nature, extent and causes of salary differentials between men and women in both the public and private sectors.
The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:
The Committee welcomes the comprehensive information provided in the Government’s second report and notes with interest the adoption of the Act of the Kyrgyz Republic on the basic elements of state guarantees ensuring gender equality (Gender Equality Act), No. 60 of 12 March 2003.
1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that section 213 of the Labour Code defines wages to include “a money remuneration for work which an employer shall pay to an employee”. It further notes from the Government’s report the introduction of a system of bonuses and other material incentives, which do not form part of a worker’s usual wage rate, to promote increased efficiency, productivity and work quality. The Committee points out that the principle of the Convention applies to both the basic wage and also any additional emolument, paid in cash or in kind. It asks the Government to indicate how in practice the principle of equal remuneration is applied to payments in kind as well as additional payments such as long-service increments, supplements, bonuses or mission allowances so as to ensure that such payments do not give rise to discrimination on the basis of sex.
2. Article 1(b). Equal remuneration for work of equal value. The Committee notes that the Gender Equality Act aims to protect men and women from sex discrimination in labour relations and provides in section 17 that persons of different sex are entitled to equal wages given the same qualifications and the same conditions of work. The Committee draws the Government’s attention to the fact that the principle set out in the Convention goes beyond a reference to identical or similar work and that equal remuneration for men and women workers has to be understood as also covering different work performed by men and women but which is of equal value. The Committee, therefore, asks the Government to consider amending section 17 of the Gender Equality Act to bring the law into conformity with the principle of the Convention and to indicate how the principle of equal remuneration for men and women for work of equal value is applied in practice. Please also indicate whether the Act applies equally to the public and private sectors and provide information on what measures have been adopted or are being contemplated to implement the provisions of the Gender Equality Act.
3. Article 2(2)(a). National laws or regulations. The Committee notes with interest the Government’s adoption of a wage reform policy (2003–10) which has as one of its main objectives the prohibition of discrimination against workers on a variety of grounds including sex. It also notes from the Government’s report that Decree No. 141 of 18 March 2004 approved a plan of measures to implement this policy, including proposals to improve the wage organization system in the public sector and to regulate wage setting in the private sector. The Committee asks the Government to outline what measures it has taken or foresees under this wage reform policy to promote and ensure the application of the principle of equal remuneration for work of equal value and to keep the Committee informed on both the progress and measured outcomes of this policy’s implementation.
4. Article 2(2)(c). Collective agreements. The Committee notes from the Government’s report that, in the private sector, wages are fixed on the basis of collective agreements or employment contracts. Additionally, in accordance with the wage reform policy (2003–10), the Committee notes that wage rates and salary scales in enterprises not under state ownership shall be based on collective agreements at the sectoral or enterprise level, but shall not be less than the minimum wage. The Committee asks the Government to explain how it promotes and ensures the application of the principle of equal remuneration in the negotiation and execution of collective agreements setting wages above the minimum wage, and to supply copies of any existing agreements along with its next report. It also asks the Government to provide statistics on the number of workers, disaggregated by sex, covered by these collective agreements and, where possible, the number of men and women employed in the private sector whose wages have not been set through collective bargaining.
5. Public sector. The Committee notes the information in the Government’s report that wages in the public sector are determined according to the Public Employees Act and that the Government has approved a single wage scale, differentiated between scientific, health, social security, education, culture and sports, archives and hydrometry services. The Committee also notes that the salary scale includes monthly increments, wage supplements, long-service increments, bonuses and other additions, which are paid to employees for conscientiousness, efficiency, quality of work and other achievement-based criteria. The Committee notes, however, that despite the Government’s indication, it did not receive the single wage scale for the public service as described in the Government’s report. The Committee, therefore, asks the Government to send a copy of this wage scale, along with statistical information on the number of public employees by occupation and skill group disaggregated by sex. It further asks the Government to provide information on how it ensures that the principle of equal remuneration is applied with respect to the abovementioned additional payments.
6. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the statement in the Government’s report that under the Labour Relations Act, a permanent national tripartite committee was established to act as the organ of social partnership in Kyrgyzstan. The Committee asks the Government to provide information on how the work of this tripartite committee has contributed to the application of the principle of equal remuneration. It also urges the Government to consider more active measures to involve the employers’ and workers’ organizations in the implementation of the provisions of the Convention, including raising the awareness of the social partners on their vital contribution to the effective implementation of the principle of equal remuneration for women and men for work of equal value. The Committee asks the Government to provide information, in its next report, on the particular steps taken in this regard.
7. Parts III and IV of the report form. Enforcement and relevant judicial decisions. The Committee notes the Government’s information that the Gender Equality Act is monitored by the Attorney-General (section 28) and that enforcement is accomplished through gender rights reports by state authorities, independent voluntary organizations and other non-governmental organizations. It notes in particular that the National Council on Women, the Family and Gender Development is also responsible for ensuring and monitoring compliance with the Act (sections 25, 34 and 35) and is mandated in this respect to publish annual reports. The Committee asks the Government to provide information on the work of the National Council with respect to the promotion and application of the principle of the Convention. It also asks the Government to provide details on the number and outcome of equal pay complaints submitted under the Gender Equality Act. Noting further the Government’s addendum to its report to the UN Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW/C/KGZ/2/Add.1), the Committee notes that new “regulations on verification check-ups” have been introduced for the State Labour Inspectorate. Noting that these new regulations include mandatory assessments of the working conditions of women, the Committee once again hopes the Government will provide information in its next report on the activities of the State Labour Inspectorate with respect to the principle of equal remuneration, particularly relating to the training of inspectors, inspections conducted, infringements recorded as well as any resulting court cases and sanctions imposed.
8. Part V of the report form. Practical application. Gender wage gap. With reference to its previous comments, the Committee reiterates that according to the abovementioned government report to CEDAW (CEDAW/C/KGZ/2, 7 October 2002) the average monthly wage of women in 2001 was 67.6 per cent of the average monthly wage of men. It also noted the statement in the report that women earn less than men given that they work in sectors of the economy that are less well paid compared to the sectors where men work. The Committee again asks the Government to provide information with its next report on measures taken or envisaged to combat the wage differentials between men and women, to increase the number of women in male-dominated sectors and to ensure that female-dominated occupations are not being undervalued. As requested above, it encourages the Government to provide statistical information disaggregated by sex, which will allow the Committee to evaluate adequately the nature, extent and causes of salary differentials between men and women in both the public and private sectors.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that section 213 of the Labour Code defines wages to include "a money remuneration for work which an employer shall pay to an employee". It further notes from the Government’s report the introduction of a system of bonuses and other material incentives, which do not form part of a worker’s usual wage rate, to promote increased efficiency, productivity and work quality. The Committee points out that the principle of the Convention applies to both the basic wage and also any additional emolument, paid in cash or in kind. It asks the Government to indicate how in practice the principle of equal remuneration is applied to payments in kind as well as additional payments such as long-service increments, supplements, bonuses or mission allowances so as to ensure that such payments do not give rise to discrimination on the basis of sex.
3. Article 2(2)(a). National laws or regulations. The Committee notes with interest the Government’s adoption of a wage reform policy (2003-10) which has as one of its main objectives the prohibition of discrimination against workers on a variety of grounds including sex. It also notes from the Government’s report that Decree No. 141 of 18 March 2004 approved a plan of measures to implement this policy, including proposals to improve the wage organization system in the public sector and to regulate wage setting in the private sector. The Committee asks the Government to outline what measures it has taken or foresees under this wage reform policy to promote and ensure the application of the principle of equal remuneration for work of equal value and to keep the Committee informed on both the progress and measured outcomes of this policy’s implementation.
4. Article 2(2)(c). Collective agreements. The Committee notes from the Government’s report that, in the private sector, wages are fixed on the basis of collective agreements or employment contracts. Additionally, in accordance with the wage reform policy (2003-10), the Committee notes that wage rates and salary scales in enterprises not under state ownership shall be based on collective agreements at the sectoral or enterprise level, but shall not be less than the minimum wage. The Committee asks the Government to explain how it promotes and ensures the application of the principle of equal remuneration in the negotiation and execution of collective agreements setting wages above the minimum wage, and to supply copies of any existing agreements along with its next report. It also asks the Government to provide statistics on the number of workers, disaggregated by sex, covered by these collective agreements and, where possible, the number of men and women employed in the private sector whose wages have not been set through collective bargaining.
7. Parts III and IV of the report form. Enforcement and relevant judicial decisions. The Committee notes the Government’s information that the Gender Equality Act is monitored by the Attorney-General (section 28) and that enforcement is accomplished through gender rights reports by state authorities, independent voluntary organizations and other non-governmental organizations. It notes in particular that the National Council on Women, the Family and Gender Development is also responsible for ensuring and monitoring compliance with the Act (sections 25, 34 and 35) and is mandated in this respect to publish annual reports. The Committee asks the Government to provide information on the work of the National Council with respect to the promotion and application of the principle of the Convention. It also asks the Government to provide details on the number and outcome of equal pay complaints submitted under the Gender Equality Act. Noting further the Government’s addendum to its report to the UN Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW/C/KGZ/2/Add.1), the Committee notes that new "regulations on verification check-ups" have been introduced for the State Labour Inspectorate. Noting that these new regulations include mandatory assessments of the working conditions of women, the Committee once again hopes the Government will provide information in its next report on the activities of the State Labour Inspectorate with respect to the principle of equal remuneration, particularly relating to the training of inspectors, inspections conducted, infringements recorded as well as any resulting court cases and sanctions imposed.
Failure to provide information on the application of the Convention
1. Articles 1 to 4 of the Convention. The Committee notes that for a number of years the Government has not submitted a report on the application of the Convention. Noting in particular the adoption of the Labour Code in 1997, as amended in 2003, the Committee urges the Government to provide detailed information in its next report on the application of all the provisions of the Convention and on all points included in the report form adopted by the Governing Body on the Convention. Please provide information specifically on the following matters:
(a) the definition of remuneration;
(b) the criteria and methods used to determine rates of remuneration;
(c) any objective job evaluation exercises carried out in the private or public sector;
(d) how the principle of equal remuneration between men and women workers for work of equal value is promoted and ensured in practice, in both the private and public sectors; and
(e) the involvement of workers’ and employers’ organizations in giving effect to the principle.
2. Part V of the report form. Practical application. Gender wage gap. The Committee notes from the Government’s report submitted to the UN Committee on the Elimination of Discrimination against Women (CEDAW/C/KGZ/2, 7 October 2002) that in 2001 the average monthly wage of women was 67.6 per cent of the average monthly wage of men. It also notes the statement in the report that women earn less than men due to the fact that they work in sectors of the economy that are less well paid compared to the sectors where men work. The Committee asks the Government to provide information with its next report on measures taken or envisaged to combat the wage differentials between men and women and to increase the number of women in male-dominated sectors. It also asks the Government to provide statistical information, disaggregated by sex, which will allow the Committee to evaluate adequately the nature, extent and causes of salary differentials between men and women.
3. Part III of the report form. Enforcement. The Committee asks the Government to provide information in its next report on the measures that have been taken to ensure supervision of the application of the principle of equal remuneration for men and women workers for work of equal value and, in particular, the activities of the labour inspectorate (training of inspectors, inspections undertaken, infringements recorded, sanctions imposed and court cases). It also asks the Government to provide information on the activities of other bodies responsible for ensuring respect for the principle of the Convention.
The Committee notes with regret that for the eighth consecutive year the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. Article 1 of the Convention. The Committee asks the Government to supply information on the definition of "remuneration".
2. Article 2. The Committee requests the Government to supply information on the methods used to determine rates of remuneration in application of the principle of equal remuneration between men and women for work of equal value, given that the statutory provisions referred to in the report proscribe discrimination on the basis of sex generally without specifying this concept.
3. Please supply information on the new draft Labour Code presently before Parliament for examination, which would, according to the report, specifically make provision for the involvement of workers’ and employers’ organizations in giving effect to the principle of equal remuneration between men and women for work of equal value.
4. The Committee asks the Government to supply detailed information concerning the activities of bodies responsible for verification of the labour legislation in so far as they are concerned with ensuring respect for the principle of the Convention, namely the public inspection services, commissions of the trade union committees set up in enterprises or institutions and trade unions (e.g. the number of violations of the equal pay principle recorded; sanctions imposed; court cases).
5. Please supply copies of any current collective agreements evidencing the application of the Convention.
6. Article 3. With regard to the reference in the report to evaluating work according to its quantity and quality, the Committee asks the Government to indicate the precise legislative provisions dealing with this matter. In this connection, the Committee would draw the Government’s attention to paragraphs 57 and 58 of its 1986 General Survey on equal remuneration, where it pointed out that criteria such as these are not sufficient to permit a comparative evaluation of different work which may be of the same value.
7. The Committee requests the Government to send a copy of resolution No. 225 with sets of the "Common Tariff Scale" so that the use of that Scale in the objective appraisal of jobs can be examined; please also clarify whether the Scale applies only to those public sector workers referred to in the report, or also to the private sector, and, if not, what methods have been adopted to promote an objective appraisal of jobs in the private sector.
8. As to the practical application of the Convention, the Government is requested to provide:
(i) the wage scales applying in the public sector, with an indication of the percentage of men and women employed at different levels; and
(ii) statistical data on minimum wage rates and the average actual earnings of men and women, disaggregated, where possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the corresponding percentage of women.
The Committee notes with regret that for the seventh consecutive year the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:
1. Article 1 of the Convention. The Committee asks the Government to supply information on the definition of "remuneration". 2. Article 2. The Committee requests the Government to supply information on the methods used to determine rates of remuneration in application of the principle of equal remuneration between men and women for work of equal value, given that the statutory provisions referred to in the report proscribe discrimination on the basis of sex generally without specifying this concept. 3. Please supply information on the new draft Labour Code presently before Parliament for examination, which would, according to the report, specifically make provision for the involvement of workers’ and employers’ organizations in giving effect to the principle of equal remuneration between men and women for work of equal value. 4. The Committee asks the Government to supply detailed information concerning the activities of bodies responsible for verification of the labour legislation in so far as they are concerned with ensuring respect for the principle of the Convention, namely the public inspection services, commissions of the trade union committees set up in enterprises or institutions and trade unions (e.g. the number of violations of the equal pay principle recorded; sanctions imposed; court cases). 5. Please supply copies of any current collective agreements evidencing the application of the Convention. 6. Article 3. With regard to the reference in the report to evaluating work according to its quantity and quality, the Committee asks the Government to indicate the precise legislative provisions dealing with this matter. In this connection, the Committee would draw the Government’s attention to paragraphs 57 and 58 of its 1986 General Survey on equal remuneration, where it pointed out that criteria such as these are not sufficient to permit a comparative evaluation of different work which may be of the same value. 7. The Committee requests the Government to send a copy of resolution No. 225 with sets of the "Common Tariff Scale" so that the use of that Scale in the objective appraisal of jobs can be examined; please also clarify whether the Scale applies only to those public sector workers referred to in the report, or also to the private sector, and, if not, what methods have been adopted to promote an objective appraisal of jobs in the private sector. 8. As to the practical application of the Convention, the Government is requested to provide: (i) the wage scales applying in the public sector, with an indication of the percentage of men and women employed at different levels; and (ii) statistical data on minimum wage rates and the average actual earnings of men and women, disaggregated, where possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the corresponding percentage of women.
The Committee notes with regret Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:
1. Article 1 of the Convention. The Committee asks the Government to supply information on the definition of "remuneration". 2. Article 2. The Committee requests the Government to supply information on the methods used to determine rates of remuneration in application of the principle of equal remuneration between men and women for work of equal value, given that the statutory provisions referred to in the report proscribe discrimination on the basis of sex generally without specifying this concept. 3. Please supply information on the new draft Labour Code presently before Parliament for examination, which would, according to the report, specifically make provision for the involvement of workers’ and employers’ organizations in giving effect to the principle of equal remuneration between men and women for work of equal value. 4. The Committee asks the Government to supply detailed information concerning the activities of bodies responsible for verification of the labour legislation in so far as they are concerned with ensuring respect for the principle of the Convention, namely the public inspection services, commissions of the trade union committees set up in enterprises or institutions and trade unions (e.g. the number of violations of the equal pay principle recorded; sanctions imposed; court cases). 5. Please supply copies of any current collective agreements evidencing the application of the Convention. 6. Article 3. With regard to the reference in the report to evaluating work according to its quantity and quality, the Committee asks the Government to indicate the precise legislative provisions dealing with this matter. In this connection, the Committee would draw the Government’s attention to paragraphs 57 and 58 of its 1986 General Survey on equal remuneration, where it pointed out that criteria such as these are not sufficient to permit a comparative evaluation of different work which may be of the same value. 7. The Committee requests the Government to send a copy of resolution No. 225 with sets of the "Common Tariff Scale" so that the use of that Scale in the objective appraisal of jobs can be examined; please also clarify whether the Scale applies only to those public sector workers referred to in the report, or also to the private sector, and, if not, what methods have been adopted to promote an objective appraisal of jobs in the private sector. 8. As to the practical application of the Convention, the Government is requested to provide: (i) the wage scales applying in the public sector, with an indication of the percentage of men and women employed at different levels; and (ii) statistical data on minimum wage rates and the average actual earnings of men and women,disaggregated, where possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the corresponding percentage of women.
(ii) statistical data on minimum wage rates and the average actual earnings of men and women,disaggregated, where possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the corresponding percentage of women.
The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
3. Please supply information on the new draft Labour Code presently before Parliament for examination, which would, according to the report, specifically make provision for the involvement of workers' and employers' organizations in giving effect to the principle of equal remuneration between men and women for work of equal value.
6. Article 3. With regard to the reference in the report to evaluating work according to its quantity and quality, the Committee asks the Government to indicate the precise legislative provisions dealing with this matter. In this connection, the Committee would draw the Government's attention to paragraphs 57 and 58 of its 1986 General Survey on equal remuneration, where it pointed out that criteria such as these are not sufficient to permit a comparative evaluation of different work which may be of the same value.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the information supplied in the Government's first report. It would be grateful if the Government would provide the following information on the application of the Convention.
6. Article 3. With regard to the reference in the report to evaluating work according to its quantity and quality, the Committee asks the Government to indicate the precise legislative provisions dealing with this matter. In this connection, the Committee would draw the Government's attention to paragraphs 57 and 58 of its 1986 General Survey on Equal Remuneration, where it pointed out that criteria such as these are not sufficient to permit a comparative evaluation of different work which may be of the same value.