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Equal Remuneration Convention, 1951 (No. 100) - Azerbaijan (Ratification: 1992)

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 2 and 3 of the Convention. Determination of remuneration and objective job evaluation. The Committee notes that, once again, the Government’s report does not reply to its request for information on the method used to determine the wage categories in the private sector. It notes that the Government repeats its statement that the work performed is assigned to the appropriate wage level using the unified pay scale handbook approved by the Ministry of Labour and Social Protection. The Government adds, without going into detail, that the systems of remuneration are based on the worker’s qualifications and the complexity of the work, regardless of the worker’s gender. Once again, the Committee refers to paragraphs 695 and 696 of its General Survey on the fundamental Conventions, 2012, and recalls the need to examine the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. The Committee, therefore, once again requests the Government to: (i) describe in detail the method used to objectively determine the wage categories on the basis of the tasks performed, including the criteria used to that end; and (ii) indicate how it is ensured that the wage and qualifications guides (“unified pay scale handbook”) of the Ministry of Labour and Social Protection are established on the basis of entirely objective and non-discriminatory criteria free from gender bias, and to provide a copy of these guides.

Equal remuneration in the public sector. The Committee previously noted that, in 2015, the average monthly nominal wages of women represented only 59.46 per cent of those of men, in the public sector. The Committee takes note of the Government’s indication that in 2017, 28.9 per cent of the civil servants were women (only 1 percentage point increase since 2014). It notes the Government’s indication that the remuneration of workers in education, healthcare and culture, set on the basis of the “unified pay scale handbook”, is not considered high in comparison to other areas, and that women are predominantly employed in these areas, instead of areas with higher pay. The Committee notes however that the Government does not provide information on the remuneration levels of men and women in the public sector, nor does it provide information on any measures taken to address the gender pay gap in the public sector and its underlying causes, in order to ensure that remuneration for civil servants and state employees is determined in accordance with the principle of equal remuneration for men and women for work of equal value, on the basis of criteria free from gender bias. The Committee therefore asks the Government to: (i) take measures to address the gender pay gap in the public sector and its underlying causes such as occupational gender segregation and lower pay in sectors where women civil servants predominate (education, healthcare and culture); (ii) provide information on any measures taken or envisaged in this regard; and (iii) provide statistics disaggregated by sex on the distribution of men and women civil servants in the different grades, indicating the corresponding remuneration levels.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s reiterated statement regarding the conclusion of the tripartite collective agreement for 2018-2019, in particular section 2.2.2 that envisages measures to eliminate discrimination in respect of pay for the work that is identically performed by women and men. It notes however that no information is provided on the specific measures taken or envisaged, in practice, to give effect to the principle of the Convention. It also points out that the tripartite collective agreement does not reflect the principle of the Convention but refers to “work that is identically performed by women and men”. The Committee requests the Government to provide detailed information on: (i) the content of collective agreements on equal pay issues and the manner in which they are implemented; and (ii) the content and impact of any activities carried out, in cooperation with employers’ and workers’ organizations, to give effect in practice to the principle of the Convention.

Awareness raising and enforcement. The Committee notes the Government’s repeated statement that, over the past ten years, the State Labour Inspectorate (SLI) did not find any case of gender-based discrimination. The Committee recalls that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The fear of reprisals or victimization is a particular concern in the case of migrant workers. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see the 2012 General Survey paragraph 870). The Committee requests the Government to: (i) take measures to enhance the capacity of labour inspectors, judges, as well as workers, employers and their organizations regarding the principle of equal remuneration for men and women for work of equal value through training and awareness raising activities; (ii) examine whether the applicable substantive and procedural provisions allow, in practice, claims to be brought successfully; and (ii) to provide information on any activities undertaken or envisaged to this effect. It also requests the Government to provide information on the number, nature and outcome of cases of discrimination on equal remuneration, in both the private and public sectors, dealt with by the courts and the State Labour Inspectorate.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. The Committee takes note of the Government’s statement that targeted reforms are being implemented to close the gender pay gap, and that pay reforms were implemented in 2019 to increase the minimum pay and eliminate the gender pay gap. The Committee also notes that, according to the data provided by the Government, in 2021, women’s average monthly wage was at AZN558 while men earned AZN847.7. The Government thus indicates that, in 2021, women’s average monthly earnings represented 65.8 per cent of that of men (a gender pay gap of 34.6 per cent), compared to 54 per cent in 2018 (46 per cent). While taking note of this progress, the Committee notes that the difference in earnings between men and women remains high. The Committee notes the Government’s indication that the gender pay gap may be explained by the fact that women are responsible for housework and family responsibilities and that they prefer to be employed in comparatively light work that requires less responsibilities and are thus paid less than jobs with more responsibilities and higher pay. In this regard, the Committee once again refers to paragraphs 712 and 713 of its 2012 General Survey on the fundamental Conventions, relating to occupational gender segregation. The Committee notes the Government’s indication that, at the start of 2017, women continued to be overrepresented in certain sectors, including in education (where women represented 68.5 per cent of the workforce), health and social care (73.1 per cent) and leisure, entertainment and the arts (59.9 per cent). The Government further indicates that: (1) women prefer to work in low-paid sectors such as health and social services, leisure, entertainment and the arts, education, and real estate services; and (2) over the last 10 years, the share of women in management positions has stood at an average of 10-11 per cent, with a growth rate of only 0.5 per cent. The Committee further notes, from the concluding observations of the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW), the continued existence of horizontal and vertical segregation in the labour market, as well as barriers to women’s access to management positions, higher-paid jobs and decision-making positions (CEDAW/C/AZE/CO/6, 12 July 2022, paragraph 31). Once again recalling that pay inequalities may arise due to the segregation of women and men into certain sectors and occupations, the Committee requests the Government to strengthen its efforts to reduce the wide gender wage gap and address its underlying causes, including any prevailing stereotypes regarding women’s preferences or suitability for certain jobs. In this regard, the Government is requested to provide information on: (i) awareness-raising activities and sensitization initiatives aimed at deconstructing views attributing specific skills, roles and occupations to girls, boys, women or men; (ii) steps taken to promote the participation of more women in male-dominated sectors and jobs, as well as of more men in female-dominated sectors and jobs; and (iii) statistical data on the distribution of women and men in the different sectors of economic activity, occupational categories and positions and their corresponding earnings, both in the private and public sectors.

Articles 1(b) and 2(2)(a). Equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indication, in its report, that, as part of the improvement of the national law and its further harmonization with the requirements of the Convention, the Ministry of Labour and Social Protection has drafted a law amending the Law on Gender Equality of 2006, which has been submitted for approval of the relevant government bodies. The Government indicates that the proposed law will amend section 9, on equal remuneration, and will provide that: “Workers who work in the same workplace, have the same level of qualifications and perform the same or different work of the same value in the same working conditions, must receive equal pay, bonuses and other financial incentive payments for equal work irrespective of their sex”. The Committee notes that the proposed amendment does not give full expression to the principle of the Convention. Indeed, the proposed draft law, if adopted, would still require workers to work in the same workplace, have the same level of qualification, and perform the same work or different work of same value but in the same working conditions, for the principle of equal remuneration to apply. The Committee draws the Government’s attention to the fact that “work of equal value” for women and men can: (1) be performed under different working conditions; (2) require different professional skills; (3) require different levels of effort; and (4) involve different responsibilities. When determining the value of different jobs, the value does not have to be the same with respect to each factor taken into consideration. Determining the value is about the overall value of the job when all the factors are taken into account together. In this regard, the Committee once again refers to paragraphs 672 to 675 and 677 of its General Survey of 2012 on the fundamental Conventions.The Committee once again urges the Government to take the necessary measures to: (i) give full legislative expression to the principle of the Convention by ensuring that equal remuneration for women and men is guaranteed not only for work that is “equal”, “the same” or “similar”, but also for work that is of an entirely different nature, but which is nevertheless of equal value; and (ii) to ensure that measures are taken to implement this principle in practice, including through collective agreements.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 2 and 3 of the Convention. Determination of remuneration and objective job evaluation. Referring to its previous comments, the Committee notes that the Government’s report still does not contain any information on the method used to determine the wage categories in the private sector. It notes the Government’s repeated indication that the work performed is assigned to the appropriate wage level using the wage and qualifications guides laid down by the Ministry of Labour and Social Protection and registered by the Ministry of Justice. The Committee recalls that the concept of “equal value” in the Convention requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. Noting the Government’s indication that remuneration of workers is determined by the results of his or her job, personal efficiency and the level of qualifications, the Committee draws the attention of the Government to the potential confusion between performance appraisal, which aims at evaluating the performance of an individual worker in carrying out his or her job, and objective job evaluation, which is to measure the relative value of jobs with varying content on the basis of the work to be performed. Objective job evaluation is concerned with evaluating the job and not the individual worker (see 2012 General Survey on the fundamental Conventions, paragraphs 695 and 696). The Committee, therefore, requests the Government to describe in detail the method used to objectively determine the wage categories on the basis of the tasks performed, including the criteria used to that end. It also requests the Government to indicate how it is ensured that the wage and qualifications guides of the Ministry of Labour and Social Protection are established on the basis of entirely objective and non discriminatory criteria free from gender bias, and to provide a copy of these guides. It also requests the Government, to clarify what is the “unified pay scale handbook”, referred to in section 57(2) of the Labour Code.

Equal remuneration in the public sector. The Committee takes note of the Government’s indication that in 2014, 27.7 per cent of the civil servants were women. It further notes that, according to the information available from the National State Statistical Committee, in 2015, the average monthly nominal wages of women represented only 59.46 per cent of those of men, in the public sector. Drawing the Government’s attention to the substantial gender remuneration gap in the public sector, the Committee urges the Government to take measures to address its underlying causes in order to ensure that remuneration for civil servants and state employees is determined in accordance with the principle of equal remuneration for men and women for work of equal value, on the basis of criteria free from gender bias. It also requests the Government to provide a copy of the texts establishing the rates of remuneration, allowances and benefits of civil servants and state employees and to provide statistics disaggregated by sex on their distribution in the different grades, indicating the corresponding remuneration levels.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the tripartite collective agreement for 2014–15 concluded between the Cabinet of Ministers, the Azerbaijan Trade Unions Confederation and the National Confederation of Entrepreneurs by means of joint Decision No. 227 of 10 July 2014, with the aim of developing and implementing a set of measures to ensure the right to decent work and real wage increases. It also notes that a national tripartite conference on wage policy was held on 18–19 March 2015 with the collaboration of the Office. The Committee requests the Government to indicate how collective agreements address equal pay issues, and to provide a copy of relevant collective agreements adopted to this end. It also requests the Government to provide further information on the content and impact of the activities carried out, in cooperation with employers’ and workers’ organizations, to give effect in practice to the principle of equal remuneration for men and women for work of equal value.

Enforcement. The Committee notes the Government’s repeated statements that, over the past ten years, the State Labour Inspectorate (SLI) did not find any cases of gender-based discrimination. Referring to its comments under the Labour Inspection Convention, 1947 (No. 81), where it took note of the reorganization of the SLI, the Committee notes that the Government did not provide information on the effects these structural changes have had on the operation of the labour inspection system and its effectiveness to detect cases of gender pay discrimination. Furthermore, for several years no annual report on the work of the SLI has been received by the Office. The Committee requests the Government to provide information on training and awareness-raising activities undertaken to enhance the capacity of labour inspectors, judges, as well as workers, employers and their organizations regarding the principle of equal remuneration for men and women for work of equal value. It trusts that the structural changes made within the SLI will contribute to establishing a well-functioning labour inspection system which effectively monitors the application of the principle of the Convention and requests the Government to provide specific information on any steps taken in this regard. The Committee also asks the Government to provide information on the number, nature and outcome of cases of discrimination on equal remuneration, in both the private and public sectors, dealt with by the courts and the SLI.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1 of the Convention. Work of equal value. Legislation. For the last 15 years, the Committee has been emphasizing that the principle of equal remuneration for men and women for work of equal value is not fully reflected in the national legislation. It has taken note of the general provisions of the Labour Code of 1999, and more particularly of section 16 which prohibits discrimination based on sex and sections 154 and 158 on minimum wages and the determination of wages. It has also noted that section 9 of the Law on Gender Equality of 2006 only provides for equal wages for men and women having the same qualifications who perform the same job of the same value in the same working conditions, which is narrower than the principle of the Convention. The Committee notes that two bills on draft amendments to the Labour Code have been submitted to the Office of the Prime Minister in September 2013, but that no amendment to fully incorporate the principle of the Convention into the national legislation has been proposed. The Committee is therefore bound, once again, to recall that the principle of equal remuneration for men and women for work of equal value laid down in the Convention not only encompasses the same work performed under equal conditions and with the same skills, but also allows for a comparison between jobs that are of an entirely different nature, but which are nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraphs 673 and 677).

The Committee further notes with concern that according to the statistical information available from both the National State Statistical Committee and the United Nations Economic Commission for Europe, the gender pay gap in relation to monthly earnings has grown considerably from 41.4 per cent in 2009 to 53.9 per cent in 2015. Referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee takes note of the persistent occupational gender segregation in the labour market, whereby in 2015, women represented 76.6 per cent of the persons employed in health and social services and 71.4 per cent of the persons employed in education, with both sectors reporting average monthly salaries below the national average. On the contrary, sectors characterized by the highest monthly salaries, such as mining and finance and insurance, are those where women were less represented (women representing respectively 13.2 per cent and 32.9 per cent of the employees in these sectors). Taking note of the Government’s indication that women are giving preference to work in the health and social services sector and in education, the Committee recalls that, when adopting measures to address wage disparities between men and women, in order to ensure that “female jobs” are not being undervalued for the purposes of wage rate determination it is important to examine and take into consideration the underlying causes of gender pay gaps such as gender-based discrimination, gender stereotypes relating to the aspirations and abilities of women and traditional assumptions concerning their role in the family and society, or occupational segregation of women into lower paying jobs or occupations (see 2012 General Survey, paragraphs 712–713). The Committee urges the Government to take the necessary measures to give full legislative expression to the principle of equal remuneration for men and women for work of equal value and to ensure that measures are taken to implement this principle in practice, including through collective agreements. The Committee also requests the Government to provide information on the specific measures taken, in collaboration with employers’ and workers’ organizations, to reduce the gender pay gap, in general and more particularly in sectors where such gaps are substantial, as well as information on any obstacles encountered. Recalling that pay inequalities may arise due to the segregation of men and women into certain sectors and occupations, the Committee requests the Government to take measures to examine and address the underlying causes of the wide and growing gender pay gap, and to encourage the participation of girls and women into a wider range of training and job opportunities at all levels, including sectors and positions in which they are currently absent or under-represented. The Committee requests the Government to provide statistical data on the distribution of men and women in the different sectors of economic activity, occupational categories and positions and their corresponding earnings, both in the private and public sectors.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 2 and 3 of the Convention. Determination of remuneration and objective job evaluation. The Committee notes that the Government repeats its indication that the work performed is assigned to the appropriate wage level using the wage and qualifications guides laid down by the Ministry of Labour and Social Protection and registered by the Ministry of Justice. The Committee recalls that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs, and analytical methods of job evaluation have been found to be the most effective. Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure 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 (General Survey on fundamental Conventions, 2012, paragraphs 695, 700–701). Noting that the Government’s report does not contain information in this respect, the Committee again asks the Government to describe in detail the method used to determine the wage categories on the basis of the tasks performed, including the criteria used to that end. It also asks the Government to indicate how it is ensured that the wage and qualifications guides of the Ministry of Labour and Social Protection are established on the basis of entirely objective and non-discriminatory criteria free from gender bias. Please also clarify whether the “unified pay scale handbook”, referred to in section 57(2) of the Labour Code, corresponds to the wage and qualifications guides mentioned by the Government in its previous report.

Equal remuneration in the public sector. The Committee notes that neither the Government’s report nor the annual statistics “Women and men in Azerbaijan” have information on the distribution of men and women employed in the public sector and their levels of remuneration, which would enable the Committee to better assess the extent to which the Convention is applied in this sector. The Committee again asks the Government to provide the following information:

(i) the legal provisions governing the remuneration of workers in the public sector;
(ii) the distribution of men and women, including in posts of responsibility, in the public sector; and
(iii) their corresponding levels of earnings.

Article 4. Cooperation with employers’ and workers’ organizations. In the absence of a reply to its previous request, the Committee again asks the Government to provide information on the activities carried out by the social partners to give effect to the principle of equal remuneration for men and women for work of equal value.

Enforcement. Labour inspection. The Committee notes the Government’s indication that, over the past ten years, the state labour inspectorate did not find any cases of gender-based discrimination. The Committee asks the Government to provide information on training and awareness raising for labour inspectors, judges, workers, employers and their organizations regarding the principle of equal remuneration for men and women for work of equal value. The Committee also asks the Government to provide information on the complaints regarding discrimination in remuneration dealt with by the courts and the state labour inspectorate, including on their outcomes.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1 of the Convention. Work of equal value. The Committee recalls that the general provisions of sections 16, 154, and 158 of the Labour Code of 1999 do not address the principle of the Convention, and that section 9 of Act No. 150-IIIQ of 10 October 2006 on Gender Equality (Act on Gender Equality) does not fully reflect the principle of equal remuneration for men and women for work of equal value. Section 9 of the Act on Gender Equality is limited to equal wages for men and women who perform work under equal conditions, in the same enterprise and with the same skills. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for work of equal value, and the promotion of equality, and that it not only encompasses the same work performed under equal conditions and with the same skills, but also allows for a comparison between jobs that are of an entirely different nature, but which are nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 673 and 677). With respect to average wages, according to the statistics for 2011 provided by the Government, women were earning significantly less than men in many sectors of the economy: 38.4 per cent less in oil and gas production; 35.1 per cent less in health care and social services; and 30.8 per cent less in chemical industries. The Committee also recalls the existence of significant horizontal and vertical occupational gender segregation within the labour market, and refers to its comments under Discrimination (Employment and Occupation) Convention, 1958 (No. 111). In this connection, the Committee recalls that as effective application of the principle is required, where women are more heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level will be insufficient, (see General Survey, 2012, paragraph 698). The Committee therefore urges the Government to take the necessary measures to give full legislative expression to the principle of equal remuneration for men and women for work of equal value and to ensure that measures are taken to implement this principle in practice, including through collective agreements, and to address effectively the wide gender remuneration gap.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 2 and 3 of the Convention. Determination of remuneration and objective job evaluation. The Committee notes the Government’s indication that the work performed is assigned to the appropriate wage category using the wage and qualifications guides laid down by the Ministry of Labour and Social Protection and registered by the Ministry of Justice. The Committee recalls that, while the Convention does not prescribe any specific method for the examination of the tasks performed, it does presuppose the use of appropriate techniques for objective job evaluation. In the context of job evaluation for the purpose of determination of remuneration, the Committee stresses that skills considered to be “female”, such as manual dexterity and those required in caring professions, are often undervalued or even overlooked in comparison with traditionally “male” skills, such as heavy lifting. The Committee asks the Government to describe in detail the method used to determine the wage categories on the basis of the tasks performed, including all the criteria used to that end. It further asks the Government to indicate how it is ensured that the wage and qualifications guides of the Ministry of Labour and Social Protection are established on the basis of entirely objective and non-discriminatory criteria to avoid an evaluation being tainted by gender bias. The Government is also requested to clarify whether the “unified pay scale handbook”, referred to in section 57(2) of the Labour Code, corresponds to the wage and qualifications guides mentioned by the Government in its report.

Equal remuneration in the public sector. Despite its repeated requests for information on the distribution of men and women employed in the public sector and their levels of remuneration, the Committee notes that it still does not have any information which would enable it to assess the extent to which the Convention is applied in this sector. The Government is therefore asked to provide the following information:

(i) the legal provisions governing the remuneration of workers in the public sector;

(ii) the distribution of men and women, including in posts of responsibility, in the public sector; and

(iii) their corresponding levels of earnings.

Enforcement. Labour inspection. For many years, the Committee has been requesting information on the activities of the labour inspection services with regard to the enforcement of the principle of equal remuneration and the role of workers’ and employers’ organizations regarding securing the rights of workers and employers. The Committee notes that the report does not provide any specific reply in this respect and only indicates that the implementation of the labour legislation is carried out by the public prosecution authorities and by the State Labour Inspectorate and that public monitoring of labour, social and economic rights of workers and employers is ensured by trade unions and employers’ organizations. The Committee therefore asks, once again, the Government to describe the monitoring and advisory activities carried out by the State Labour Inspectorate with a view to enforcing and promoting the application of the principle of equal remuneration for men and women. The Committee also asks the Government to provide information on the complaints regarding discrimination in remuneration dealt with by the courts and the State Labour Inspectorate, including on their outcomes. Please also provide relevant extracts of annual reports of the State Labour Inspectorate and information on judicial decisions concerning equal remuneration, as well as a detailed description of the activities carried out during the reporting period by the social partners to ensure the application and the promotion of the principle of equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1 of the Convention. Equal remuneration for work of equal value and gender remuneration gap. For many years, the Committee has been stressing that the principle of equal remuneration for men and women for work of equal value is not fully reflected in the legislation or in collective agreements. In its observation of 2008, the Committee had pointed out that the Act on Ensuring Gender Equality, adopted in 2006, limited the application of the principle of equal wage for men and women to performance of work under equal conditions, in the same enterprise and with the same skills. The Committee had emphasized that this did not allow any comparison between different jobs or between work performed in different enterprises that could, nonetheless, be of equal value. The Committee notes that the Government’s report does not reply to its request to indicate the measures taken or envisaged to bring the legislation into full conformity with the Convention.

The Committee notes that the statistics of 2006, published by the State Statistical Committee and communicated in the report, show the existence of significant horizontal gender occupational segregation within the labour market. Women work predominantly in medical and social services and education, where they represent more than 70 per cent of the workers: men predominantly work in manufacturing, agriculture, fishing, mining, construction, transport, energy production and distribution, where they represent more than 70 per cent of the workers; men represent more than 60 per cent of the workers in finance, services to hotels and restaurants and wholesale and retail trade. With respect to their average wages, according to the statistics for October 2006 provided by the Government, women were earning significantly less than men in many sectors of the economy: 60 per cent less than men in construction; 50 per cent less in oil and gas production; 35 per cent less in chemical industries and aviation; 30 per cent less in finance. Furthermore, the Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the persistence of such gender segregation within the labour market – both vertical and horizontal – the concentration of women in lower-paying sectors, and the persistence of the wage gap, which remains very wide in certain industries (CEDAW/C/AZE/CO/4, 7 August 2009, paragraph 31).

The Committee recalls that, particularly in a context where men and women perform different work, in different sectors of the economy and, as a consequence, in different enterprises, the concept of “work of equal value” is essential to give full effect to the principle of equal remuneration between men and women in practice and to address effectively the gender remuneration gap. The Committee therefore asks the Government to take the necessary measures to incorporate in its legislation the principle of equal remuneration between men and women for work of equal value and to ensure that measures are taken to implement this principle in practice, including through collective agreements, and address effectively the wide gender remuneration gap.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Assessment of the gender pay gap. The Committee notes from the statistical information provided by the Government that, according to a sample survey carried out in October 2006, the gender pay gap (average monthly wages) is highest in industries such as oil and gas production (50.9 per cent), construction (59.3 per cent), air transport (37.8 per cent) and chemical industry (34.7 per cent). The Committee asks the Government to continue to provide information on the earnings of men and women in the various sectors, industries and occupations, as well as on the measures taken to reduce the gender pay gap, particularly in the abovementioned industries. In this regard the Committee asks the Government to indicate any specific action taken under the National Plan of Action on women’s issues with a view to promoting and enforcing the principle of equal remuneration for men and women for work of equal value.

Public sector. With regard to the public sector, the Committee recalls that workers remunerated from the state budget are divided into two groups according to the system by which they are paid: (1) workers employed by the state legislative and executive authorities, for whom the rates and method of payment are determined by the President of the Azerbaijan Republic; (2) workers employed in state-run organizations, for whom the wages are determined by the relevant department of the governor’s office (section 158 of the Labour Code). Noting that no information was provided in reply to the Committee’s previous comments in this regard, the Government is requested once again to provide in its next report: for the first group, information on the posts covered by this category, the corresponding rates of pay and statistical data on the number of women and men employed in these posts; and, for the second group, more precise information on the criteria used for this classification and the types of posts included in each category, as well as statistical data on the relative number of women and men at the different levels of pay.

Objective job evaluation methods. The Committee notes the Government’s statement that the compensation systems used are based on the workers’ qualifications and the complexity of the job, irrespective of sex. In order to attribute the appropriate compensation level of a specific job, scale and grade levels approved by the Ministry of Labour and Social Protection are to be used. The Committee asks the Government to continue to provide information on any measures taken to promote the use of objective job evaluation methods in the private sector, including information on how it monitors the application of scale and grade level directories.

Implementation and enforcement. The Committee notes that the information provided by the Government on the implementation and enforcement of legal provisions relating to the Convention is again only of a very general nature. The Committee therefore urges the Government to provide in its next report more detailed information on the specific action taken by the competent authorities to monitor compliance with the principle of equal remuneration of men and women for work of equal value and to provide any relevant administrative or judicial decision relating the principle. Noting the Government’s reference to the role played by workers’ and employers’ organizations with regard to securing social and economic rights, the Committee also asks the Government to provide information on the specific action taken by these organizations with regard to promoting and securing the right to equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee recalls its previous comments concerning sections 16, 154 and 158 of the 1999 Labour Code, drawing the Government’s attention to the fact that these provisions do not fully reflect the principle of equal remuneration for men and women for work of equal value. In this context, the Committee notes that the Act on Ensuring Gender Equality of 10 October 2006 (No. 150-IIIO) provides in section 9(1) that the salary of employees working under equal conditions, in the same enterprise and with the same skills shall be equal. Section 9(2) provides that, in the event of a difference in wages, bonus and other forms of remuneration, an employer, at the request of an employee, shall prove that the difference is not related to the sex of the employee. The Committee notes that section 9(1) of the Act on Ensuring Gender Equality fails to reflect fully the principle of the Convention. As highlighted in the Committee’s general observation of 2006, the notion of “work of equal value”, in particular, is important to ensure that men and women enjoy the right to equal remuneration, not only when they perform the “same” or “similar” work, but also when they perform work that is different but nonetheless of equal value, whether or not in the same enterprise. The Committee wishes to stress once again that legislation setting out the principle of equal remuneration for work of equal value is important in order to ensure the full application of the Convention. The Committee asks the Government to indicate the measures taken or envisaged to bring the legislation into full conformity with the Convention. In also asks the Government to provide detailed information on the implementation and enforcement of section 9 of the Act on Ensuring Gender Equality, including relevant judicial and administrative decisions.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report is substantially identical to the preceding report of 2003 and contains no reply to its previous comments. It must therefore repeat its previous direct request, which read as follows:

The Committee notes the Government’s report. It wishes to return to a number of issues raised in its previous comments and hopes that the Government will make every effort to provide the information requested in its next report.

1. The Government once again refers to sections 16, 154 and 158 of the Labour Code of 1 February 1999 as ensuring the application of the Convention. The Committee notes that section 16 sets forth the principle of non-discrimination based on sex; section 154 provides for a definition of remuneration and states that workers may not be paid less than the minimum wage; and section 158 states that forms and systems of remuneration and rates are to be specified in collective agreements and employment contracts, and in relevant cases by mutual agreement between the employer and the trade union. As these provisions do not fully reflect the principle of equal remuneration for work of equal value, the Committee must again raise the question of how the Government ensures that women receive remuneration equal to that of men for work performed which is of equal value, in accordance with the principle enshrined in the Convention. In this context, the Committee also wishes to underline that it is not sufficient to compare levels of income of men and women performing identical or similar work. Achieving pay equality also requires comparing jobs of a different nature based on their content. The tool suggested by the Convention to evaluate value is the objective appraisal of jobs (Article 3). The Committee therefore asks the Government to indicate: (a) the manner in which the remuneration system ensures that equal remuneration is paid for work of equal value, e.g. by providing examples of collective agreements applying the Convention; (b) any measures taken to promote objective job appraisal; and (c) whether it is considering the possibility of amending the Labour Code to include a provision establishing the principle of the Convention in national legislation.

2. The Committee recalls the Government’s statement that women’s pay is lower because women workers have lower qualifications and occupy lower qualified posts. The Government also stated previously that in order to change the situation, measures would have to be taken to improve women’s qualifications to ensure their entry to higher level posts. Noting that the Government has not provided any information on the measures taken to improve the status of women workers in the labour market, particularly in non-traditional occupations and decision-making positions, the Committee hopes that the Government will be able to report on taking such measures as well as statistical information on the remuneration rates of men and women workers at the various levels.

3. With regard to the public sector, the Committee recalls that workers remunerated from the state budget are divided into two groups according to the system by which they are paid: (1) workers employed by the state legislative and executive authorities, for whom the rates and method of payment are determined by the President of the Azerbaijan Republic; (2) workers employed in state-run organizations, for whom the wages are determined by the relevant department of the governor’s office (section 158 of the Labour Code). Noting that no information was provided in reply to paragraph 3 of the Committee’s previous direct request, the Government is requested once again to provide in its next report: for the first group, information on the posts covered by this category, the corresponding rates of pay and statistical data on the number of women and men employed in these posts; and for the second group, more precise information on the criteria used for this classification and the types of posts included in each category, as well as statistical data on the relative number of women and men at the different levels of pay.

4. With reference to paragraph 5 of its previous direct request the Committee asks the Government to include in the material submitted information on the activities of the labour inspection service and on how it promotes the application of the principle of equal remuneration for work of equal value.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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. The Committee notes the adoption of the Labour Code of 1 February 1999, which entered into force on 1 July 1999. The Committee notes that section 16 of the Labour Code sets forth the principle of non-discrimination based on sex. Section 154 of the Labour Code states that workers may not be paid less than the minimum wage. The Committee also notes that the definition of remuneration is wages paid for work performed, including supplements, bonuses and other payments, which is in accordance with the definition in Article 1(a) of the Convention, and also notes that wages are to be specified in collective agreements and employment contracts. If there is no collective agreement, they may be specified in employment contracts and, in relevant cases, by mutual agreement between the employer and the trade union (section 158). The Committee asks the Government to indicate the manner in which the above system ensures that equal remuneration is paid for work of equal value, and not just for the same or identical work.

2. The Committee notes the statistical information provided with the Government’s report. It notes that women workers’ wages are 83.7 per cent of male wages in the communications sector, while women workers earn 70.1 per cent of male workers’ wages in the education sector. It further notes that women workers’ wages amount to only 64.8 per cent of male wages in the health-care sector, and 57.2 per cent in the chemicals industry. The Committee notes that according to the Government, women’s pay is lower because women workers have lower qualifications and occupy lower qualified posts. The Government states that, in order to change the situation, measures would have to be taken to improve women’s qualifications to ensure entry to higher-level posts. The Committee asks the Government to supply information with its next report on the measures taken to improve the status of women workers in the labour market, particularly in non-traditional occupations and decision-making positions, and to continue to supply statistical information on the remuneration rates of men and women workers at the various levels.

3. The Committee notes from the Government’s report that the systems of remuneration for workers in the public sector referred to in earlier reports are still valid and that these scales are established on the basis of different indicators of qualifications approved by the Ministry of Labour. Thus workers remunerated from the state budget are divided into two groups according to the system by which they are paid: (1) workers employed by the state legislative and executive authorities, for whom the rates and method of payment are determined by the President of the Azerbaijan Republic; (2) workers employed in state-run organizations, for whom the wages are determined by the relevant department of the Governor’s office (section 158 of the Labour Code). The Committee therefore reiterates its request to the Government to provide in its next report: for the first group, information on the posts covered by this category, the corresponding rates of pay and statistical data on the numbers of women and men employed in these posts; and for the second group, more precise information on the criteria used for this classification and the types of post included in each category, as well as statistical data on the relative numbers of women and men at the different levels of pay.

4. The Committee recalls that Decree No. 499 of 29 March 1993 promotes the use of a single pay scale in the private sector, and hopes that the Government will provide with its next report copies of collective agreements in the private sector covering wages.

5. The Committee notes from the Government’s report that the state labour inspectorate continues to supervise the application of the labour legislation. The Committee the Government to supply information on the activities carried out and methods used by the state labour inspection service to promote and ensure the principle of equal remuneration for men and women workers for work of equal value.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report and the statistical data attached.

1. The Committee notes the adoption of the Labour Code of 1 February 1999, which entered into force on 1 July 1999. The Committee notes that section 16 of the Labour Code sets forth the principle of non-discrimination based on sex. Section 154 of the Labour Code states that workers may not be paid less than the minimum wage. The Committee also notes that the definition of remuneration is wages paid for work performed, including supplements, bonuses and other payments, which is in accordance with the definition in Article 1(a) of the Convention, and also notes that wages are to be specified in collective agreements and employment contracts. If there is no collective agreement, they may be specified in employment contracts and, in relevant cases, by mutual agreement between the employer and the trade union (section 158). The Committee asks the Government to indicate the manner in which the above system ensures that equal remuneration is paid for work of equal value, and not just for the same or identical work.

2. The Committee notes the statistical information provided with the Government’s report. It notes that women workers’ wages are 83.7 per cent of male wages in the communications sector, while women workers earn 70.1 per cent of male workers’ wages in the education sector. It further notes that women workers’ wages amount to only 64.8 per cent of male wages in the health-care sector, and 57.2 per cent in the chemicals industry. The Committee notes that according to the Government, women’s pay is lower because women workers have lower qualifications and occupy lower qualified posts. The Government states that, in order to change the situation, measures would have to be taken to improve women’s qualifications to ensure entry to higher-level posts. The Committee asks the Government to supply information with its next report on the measures taken to improve the status of women workers in the labour market, particularly in non-traditional occupations and decision-making positions, and to continue to supply statistical information on the remuneration rates of men and women workers at the various levels.

3. The Committee notes from the Government’s report that the systems of remuneration for workers in the public sector referred to in earlier reports are still valid and that these scales are established on the basis of different indicators of qualifications approved by the Ministry of Labour. Thus workers remunerated from the state budget are divided into two groups according to the system by which they are paid: (1) workers employed by the state legislative and executive authorities, for whom the rates and method of payment are determined by the President of the Azerbaijan Republic; (2) workers employed in state-run organizations, for whom the wages are determined by the relevant department of the Governor’s office (section 158 of the Labour Code). The Committee therefore reiterates its request to the Government to provide in its next report: for the first group, information on the posts covered by this category, the corresponding rates of pay and statistical data on the numbers of women and men employed in these posts; and for the second group, more precise information on the criteria used for this classification and the types of post included in each category, as well as statistical data on the relative numbers of women and men at the different levels of pay.

4. The Committee recalls that Decree No. 499 of 29 March 1993 promotes the use of a single pay scale in the private sector, and hopes that the Government will provide with its next report copies of collective agreements in the private sector covering wages.

5. The Committee notes from the Government’s report that the state labour inspectorate continues to supervise the application of the labour legislation. The Committee the Government to supply information on the activities carried out and methods used by the state labour inspection service to promote and ensure the principle of equal remuneration for men and women workers for work of equal value.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report, and the Decree provided in reply to the Committee's previous direct request.

1. The Committee notes the information in the Government's report to the effect that workers whose remuneration is paid out of the state budget are divided into two groups according to the system by which they are paid: (1) workers employed by the state legislative and executive authorities, for whom the rates and methods of payment are determined by the President of the Azerbaijan Republic; (2) public sector workers employed in education, health care, social security, sports, culture, the arts and sciences, state archives and other such branches, whose remuneration is based on the single pay scale.

As regards the first group of state employees, the Committee hopes that the Government will provide information on the posts covered by this category, the corresponding rates of pay, and statistical data on the number of women and men employed in these posts.

With regard to the second group, the Committee notes the single pay scale approved by Decision No. 60 of the Cabinet of Ministers of the Republic of Azerbaijan of 26 May 1996, which divides manual and office posts into 19 categories and fixes the pay for each of these categories. The Committee would be grateful if the Government would provide with its next reports more precise information on the criteria used for this classification and the types of post included in each category, as well as statistical data on the relative numbers of women and men at different levels of pay.

2. The Committee notes the text of Decree No. 499 of 29 March 1993 which promotes the use of a single pay scale in the private sector, and the Government's information to the effect that no violations of the principle of equal pay for equal work were noted when collective agreements were concluded, and hopes that the Government will provide with its future reports copies of any agreements reached through collective negotiations in enterprises employing a significant number of women. The Committee would be grateful if the Government would also supply statistical data on the employment situation of women in the private sector and their average earnings by comparison with those of men.

3. The Committee notes with interest the establishment, by Presidential Decree No. 544 of 27 January 1997, of the state labour inspection service. The Committee hopes to receive information on the work of the labour inspection service in monitoring the implementation of the principle of equal pay for men and women with its next report.

4. The Committee notes that the Government gives no answer to comments made in the two previous direct requests concerning the fact that the legislation referred to by the Government contains no definition of remuneration within the meaning of Article 1(a) of the Convention. The Committee once again asks whether there exists any text containing a definition of remuneration in accordance with the Convention, and requests the Government to provide a copy of any such text.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's report and the information it contains, which replies in part to its previous direct request.

1. The Government notes the provisions of the Constitution and the legislation which establish the general principle that workers are entitled to receive remuneration in return for their work without discrimination, in particular on grounds of sex. It notes that, according to article 35 of the Constitution, equality of remuneration is restricted to the minimum wage laid down by the Government; that section 83 of the Labour Code prohibits any reduction of wages on a number of grounds, including sex; and that section 180 protects the wages of pregnant women and nursing mothers. In its report, the Government states that "as a result of the application of the principle of equal pay for equal work, women workers ... receive the same remuneration for their work as men doing work of comparable quantity and quality". Furthermore, the Government again indicates, though it produces no relevant document, that there is a single wage scale, which is based on individual qualifications and the complexity of the work, and which is mandatory in respect of manual and office workers in institutions and organizations financed from the national budget. For other enterprises, equal remuneration is guaranteed only in respect of the statutory minimum wage for the same qualifications under normal working conditions, and this minimum is the basis for setting specific wage levels through collective agreements and individual contracts of employment.

The Committee wishes to point out that, according to Article 1(a) of the Convention, the term "remuneration" includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly whether in cash or in kind, by the employer to the worker and arising out of the worker's employment, and that the term "equal remuneration for men and women workers for work of equal value" refers to rates of remuneration established without discrimination based on sex. The Committee notes in this connection that the above-mentioned provisions of the national legislation do not meet all the criteria set out in the Convention which are necessary for ensuring equal remuneration in accordance with Article 1 above. In order that the Committee may ascertain, on the basis of precise information, the extent to which this principle is applied in practice, it asks the Government to provide: (1) a copy of Decree No. 499 of 29 March 1993 respecting the introduction of a handbook for the remuneration of wage-earners and public employees, to which it referred in its first report, and (2) a copy of the undated text issued by the Cabinet of Ministers establishing a single wage scale for manual and office workers in institutions and organizations financed from the national budget.

2. Noting that matters concerning specific wages of workers are decided by negotiations between the social partners taking into account the minimum wage guaranteed by law regardless of the workers' sex, the Committee asks the Government to send with its next report the text, if any, which gives the social partners this authority in collective bargaining and, in any case, copies of agreements concluded to this end in collective negotiations in enterprises employing a large proportion of women workers.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee takes note of the information supplied in the Government's first report. It requests the Government to provide additional information on the following points:

1. Article 1(a) of the Convention. The Committee requests the Government to indicate whether any texts contain a definition of remuneration in accordance with that of the Convention, and to supply a copy of the texts.

2. Article 1(b). The Committee notes that article 38 of the Constitution of the Azerbaijani Republic stipulates that its citizens have the right to work and to be paid according to the quantity and quality of the work performed. It also notes that the Government indicates that the principle of equal remuneration implies that women have the right to receive the same remuneration for their work as do men carrying out work of "similar quality and quantity". Recalling that the Convention calls for equal remuneration for work of equal value, the Committee requests the Government to indicate how this concept is covered by the legislation or other measures used in the country to apply the Convention, for work which is different, but of equal value.

3. Article 2(a). Noting that the labour legislation is currently undergoing a revision, the Committee requests the Government to supply further information on the progress made in this respect, especially on any impact that the revision might have on the application of the Convention (supplying copies, in a working language of the ILO if possible, of the relevant texts).

4. Article 2(b). The Committee notes that different wage rates are determined on the basis of the qualification levels of the workers and the complexity of the work performed. Noting that the appraisal of qualification levels and complexity of work is based on an official "wage rates and skills handbook", the Committee requests the Government to provide a copy of the handbook with its next report. The Committee also requests the Government to provide information on the reform of the existing centralized wage-fixing system and details on the objective criteria used to establish the ranking of qualifications.

5. Article 2(c). Noting that the actual remuneration is determined through collective agreements concluded by employers' and workers' organizations within the general minimum wage framework, the Committee requests the Government to provide examples of such agreements with its next report.

6. Article 3. The Committee notes that the report contains no information on the progress made in reducing the differential between wage rates for men and women workers. The Committee requests the Government to indicate any such progress through methods including objective job evaluation.

7. Article 4. Noting that section 241 of the 1971 Labour Code as amended up to 1 November 1993, stipulates that the State, enterprises, institutions and organizations have an obligation to cooperate with the labour unions, and noting the Government's indications concerning the role of collective bargaining in the application of this Convention, the Committee requests the Government to provide details of any other methods of cooperation for the purpose of giving effect to the provisions of the Convention.