National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Application in practice. The Committee notes the Government’s report which contains general information regarding the situation of women in the labour market. However, the Government has once again failed to provide the information requested by the Committee in its previous comments. The Committee therefore reiterates its request to the Government to provide the following:
(i) detailed statistical information on the earnings of women and men in the private and public sectors, as far as possible as set out in the Committee’s 1998 general observation;
(ii) information on the measures taken or planned to raise awareness and understanding of the right to equal remuneration for women and men for work of equal value among workers and employers, as well as public officials responsible for monitoring the application of the Convention;
(iii) information on equal pay cases dealt with by the competent administrative and judicial authorities; and
(iv) information on the specific steps taken to seek the cooperation of employers’ and workers’ organizations with a view to giving effect to the provisions of the Convention.
The Committee urges the Government to provide the information requested in its next report.
1. Enforcement. The Committee notes from the Government’s report that in 2005 and in the first ten months of 2006 a total of 107,505 labour inspections were carried out. However, no cases of wage discrimination between men and women were found in the course of these inspections. The Committee asks the Government to indicate whether any measures are being taken or planned to raise awareness and knowledge of the right to equal remuneration for women and men for work of equal value among workers and employers, as well as public officials responsible for monitoring the application of the Convention. The Committee also asks the Government to continue to provide information on equal pay cases dealt with by the competent administrative and judicial authorities.
2. Cooperation with workers’ and employers’ organizations. The Committee notes the information provided by the Government concerning the specific cases in which the authorities have facilitated disputes of remuneration issues between unions and enterprises. Recalling the important role of workers’ and employers’ organizations with regard to giving effect to the provisions of the Convention, the Committee asks the Government to continue to provide information on the specific steps taken to seek the cooperation of these organizations.
Application in practice. The Committee notes that despite repeated requests made by the Committee, the Government’s report contains no statistical information concerning the earnings of men and women. The Committee reminds the Government that an analysis of the position and pay of men and women in all job categories within and between the various sectors is required to address fully the continuing remuneration gap between men and women which is based on sex. In order to permit an adequate evaluation of the nature, extent and causes of the pay differential between men and women and the progress achieved in implementing the principle of the Convention, the collection and analysis of the fullest possible statistical information, disaggregated by sex, on the earnings of men and women is crucial. The Committee, therefore, urges the Government to provide detailed information on the earnings of women and men in the private and public sectors, as far as possible as set out in the Committee’s 1998 general observation. In addition, the Committee asks the Government to provide information concerning its own analysis of the evolution of the acknowledged gender pay gap.
The Committee is raising other matters in a request addressed directly to the Government.
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 of the Convention. Application in practice. The Committee notes with concern the information contained in the Government’s report regarding the existing gender wage gap, according to which there is a trend towards increasing discrimination against women in terms of the wages they receive. The Government once again states that, on average, women’s wages are one-third lower than men’s and that women are, to a large extent, employed in the lower paid occupations and in those sectors where the lowest wages are paid, such as light industry, agriculture, health, education and culture. The Committee draws to the Government’s attention the fact that, in order to undertake a meaningful analysis of the existing overall gender wage gap and with a view to designing and implementing appropriate action to address this issue, it is necessary to examine in depth the earnings received by men and women. The Committee therefore reiterates its previous request to the Government to provide in its next report detailed statistical information on the distribution of men and women in the public sector, the civil service and in the private sector, by earnings levels and hours of work, as well as statistical data on the composition of earnings, as outlined in the Committee’s 1998 general observation.
2. Enforcement. While the Government recognizes the existence of wage discrimination against women, it indicates that the investigations concerning payment of wages carried out by the state labour inspectorate in 2002 and 2003 did not reveal any case of sex-based wage discrimination against women. The Committee asks the Government to continue to provide information on the measures taken and methodology used by the state labour inspectorates to ensure the application of the principle of equal remuneration for men and women workers for work of equal value.
3. Articles 2 and 3. Determination of remuneration and objective job evaluation. The Committee noted previously that section 143 of the Labour Code provides that wage rates are set and employees are assigned to wage categories on the basis of unified rate and skill reference books. The Committee reiterates its request to the Government to provide information on the methodology and criteria used to establish the skill references and the corresponding wage rates.
4. Article 4. Cooperation with employers’ and workers’ organizations. The Government is requested to provide information on any cooperation with workers’ and employers’ organizations for the purpose of giving effect to the provisions of the Convention.
1. Article 1 of the Convention. Application in practice. The Committee notes with concern the information contained in the Government’s report regarding the existing gender wage gap, according to which there is a trend towards increasing discrimination against women in terms of the wages they receive. The Government once again states that, on average, women’s wages are one-third lower than men’s and that women are, to a large extent, employed in the lower paid occupations and in those sectors where the lowest wages are paid, such as light industry, agriculture, health, education and culture. The Committee draws to the Government’s attention the fact that, in order to undertake a meaningful analysis of the existing overall gender wage gap and with a view to designing and implementing appropriate action to address this issue, it is necessary to examine in depth the earnings received by men and women. The Committee therefore reiterates its previous request to the Government to provide in its next report detailed statistical information on the distribution of men and women in the public sector, the civil service and in the private sector, by earnings levels and hours of work, as well as statistical data on the composition of earnings, as outlined in the Committee’s 1998 general observation (attached for ease of reference).
The Committee notes the Government’s brief report and requests the Government to provide information on the following points.
1. Article 1 of the Convention. With reference to its previous comments, the Committee notes that the new Labour Code which entered into force on 1 February 2002 provides in section 3 that everyone shall have equal opportunities in realizing their labour rights and that nobody may be subject to restrictions with regard to these rights or receive any advantages on grounds of, amongst other grounds, sex and occupational position, and other grounds. It notes with interest that under section 22, the employer shall ensure equal payment to employees for work of equal value. Remuneration of labour is broadly defined as a system of relations involving the establishment and provision by an employer of payments to employees for their labour, while salary and wages are defined as a reward for labour depending on the employee’s qualifications, the complexity, quantity, quality and conditions of the performed work, as well as payments of a compensatory and incentive nature (section 129). Under section 132 any discrimination when establishing or changing the amount of wages and other terms of remuneration is prohibited. The Committee notes that these provisions are in accordance with the Convention and asks the Government to provide information on their practical application and enforcement, including any administrative or judicial decision applying them, as well as their impact on the income levels of women.
2. Articles 2 and 3. The Committee notes that under the new Labour Code, wage systems, wage rates, salaries, and other payments, depending on the sector, shall be established through relevant laws, collective contracts or agreements, and individual contracts (section 135). Section 143 provides that wage rates are set and employees are assigned to wage categories on the basis of unified rate and skill reference books. The Committee asks the Government to provide information on how this system ensures the application in practice of the principle of equal remuneration for men and women for work of equal value including the methodology and criteria used to establish the skill references and corresponding wage rates. The Committee also reiterates its request to the Government to provide information on the unified wage scales in force with regard to the public sector.
3. While welcoming the above provisions of the new Labour Code, the Committee draws the Government’s attention to the importance of ensuring the application of the Convention in practice. It notes the Government’s statement that the main reason for disparity between the wages earned by men and women continues to be the wide differences between wages in the various sectors and in individual companies. In its fourth periodic report under the International Covenant on Economic, Social and Cultural Rights (E/C.12/4/Add.10 of 27 November 2001, paragraph 99) the Government states that differences between men’s and women’s incomes are mainly due to labour market segregation and the existence of "women’s and men’s occupations". According to the Government the average monthly pay of women in large and medium enterprises is almost 30 per cent lower than that of men, which are increasingly entering better paid jobs formerly done predominantly by women. The Committee also notes the deep concern expressed by the Committee on the Elimination of all Forms of Discrimination Against Women in its concluding observations of 25 January 2002 at the deteriorating situation of women in employment and that women are the overwhelming majority in lower level and low-paying jobs in the public and private sectors (A/57/38 (Part I), paragraph 383). In this context the Committee reiterates its request to the Government to provide detailed statistical information on the distribution of men and women in the public sector, the civil service, and in the private sector by earnings levels and hours of work, as well as statistical data on the composition of earnings, as outlined in the Committee’s 1998 general observation. The Government is also asked to indicate the measures taken or envisaged to promote the access of women to better paying jobs in all sectors and fields of economic activity.
4. The Committee recalls that effective and functioning mechanisms at the national level to monitor and enforce equal pay legislation are important to ensure the full application of the Convention. It therefore reiterates its previous direct request to the Government to provide information on the activities of the labour inspectorate with regard to the principle of equal remuneration, including indications of the number of infringements reported and the penalties imposed.
The Committee notes the information contained in the Government’s report.
1. The Committee notes that the draft Labour Code has still not been adopted and that it is currently being examined by the State Duma. It hopes that the new Labour Code will soon be adopted and that it will contain more detailed provisions to promote equal remuneration, in accordance with the Convention. Please supply a copy of the text upon its adoption.
2. The Committee notes the Government’s statement that there are still some discrepancies between the remuneration of men and women workers, due to men having higher qualifications and performing more highly qualified work. It notes the various promotional activities referred to by the Government to facilitate the access of women workers to more highly qualified and better paid employment, including: the provision of economic incentives and benefits to encourage the employment of women workers; the federal targeted programme to promote employment for 1998-2000 with special measures aimed at the promotion of women’s employment, including vocational training and guidance services; and the General Agreement for 2000-01 between the associations of trade unions, associations of employers and the Government, which provide for the elaboration of an Act setting out the main lines of state policy in the field of remuneration. It notes the Government’s statement that this Agreement will include plans and measures to eliminate the reasons why men perform more skilled work than women. The Committee trusts that the incentive measures to increase employment of women considered to be less competitive, do not compromise the principles of the Convention. It asks the Government to continue to take promotional measures to improve women’s position in the labour market and to ensure the principle of equal remuneration for men and women workers for work of equal value and to report on the impact of such measures.
3. The Committee reiterates its direct request of 1999 to the Government to provide information respecting the activities of the labour inspectorate in relation to the application of the principle of equal remuneration to wages negotiated above the national minimum wage, especially in view of the provisions of Federal Act No. 109-FZ of 18 July 1995 to amend the Labour Code, which envisaged the strengthening of labour inspection and supervision of violations of labour legislation. It once again hopes that the Government will provide this information with its next report, including indications of the number of infringements reported and the penalties imposed.
4. The Committee asks the Government to provide information in its next report on wage scales in the public sector, as well as other statistical information in conformity with its general observation of 1998, enabling the Committee to assess the application of the Convention in both the public and private sectors.
The Committee notes the information contained in the Government's report, and also the statistical information annexed thereto, and the results of the selective survey on employees' wages by profession and by post.
1. The Committee notes from the Government's report that the new draft of the Labour Code, still in preparation, should include the principle of equal remuneration for men and women workers for work of equal value. It reiterates its hopes expressed in its previous direct request that the next report of the Government will include information on the adoption of new amendments and looks forward to receiving a copy of them.
2. The Committee notes the statistical information drawn from a study undertaken by the State Committee on Statistics, of which the Office has received a copy. It notes that the Government indicates that differences in wages are due to the fact that men generally work in occupations that are more dangerous or taxing, or that men have higher qualifications and perform more highly qualified work. It would be grateful if the Government would supply information on the practical steps taken to apply the principle of the Convention, in particular regarding the promotion of access by women to more highly qualified and better paid employment. The Committee hopes that the Government will continue to provide it with the statistical data enabling it to assess the application of the Convention in the Russian Federation, and in this connection recalls the Government's attention to its 1998 general observation concerning this Convention. It again expresses its hope to receive data on public sector wage scales in the next report.
3. Finally, the Committee notes that the Government's report contains no reply to the second point of its previous direct request, asking the Government to provide information on the activities of the labour inspectorate as regards the application of the principle of equal remuneration in the negotiation of wages above the national minimum wage, especially in view of Federal Law No. 109-FZ of 18 July 1995 to amend the Labour Code, by strengthening labour inspection and by increasing verification of labour legislation violations. It reiterates its hope that the Government's next report will contain information on these points including, in particular, details of the number of infringements reported and on penalties imposed.
The Committee takes note of the Government's report and the excerpts from a recent collective bargaining agreement which attest to the non-discriminatory nature of negotiated remuneration rates above the minimum wage.
1. In its previous direct request, the Committee had noted that the 1992 amendments to the Labour Code, while continuing to attempt to apply the Convention through the requirement of equal wages "for the same work", had not included the concept of "work of equal value", a concept that goes beyond a reference to the "same" or "similar" work, in choosing the "value" of the work as the comparison (see paragraphs 19 to 21 and 44 to 50 of the 1986 General Survey on equal remuneration). It notes with interest from the present report that the Government is taking measures to include in the most recent draft amendments to the Labour Code, due to be discussed in the State Duma (Parliament) in October 1996, provisions meeting exactly the terms of Article 2 of the Convention, namely equal remuneration for men and women for work of equal value. This step is particularly important in view of the Committee's 1990 general observation, in which it pointed out that, where governments choose to apply the Convention through legislation (one of the options available under Article 2, paragraph 2, of the Convention), and the legislation does not after some time embody the broader principle of equal pay for work of equal value, they should consider taking steps to amend their legislation accordingly. The Committee trusts that the Government's next report will contain information on the adoption of the new amendments, and looks forward to receiving a copy of them.
2. Regarding its previous request for information on how the principle of equal remuneration is applied in the negotiation of wages above the national minimum wage (which the Government acknowledges is extremely low), the Committee notes the information supplied by the Government concerning the possibility of filing complaints before the labour courts in cases of alleged unequal pay, as well as on the role of the labour inspectorate in applying sanctions. The Committee also notes that the Government indicates that, in September 1996 in Moscow, the minimum monthly wage was 75,900 roubles whereas the average real remuneration was 600,000 roubles. The Committee hopes that the Government, in its next report, will supply information on the recent activities of the labour inspectorate in this connection, in particular in view of Federal Act No. 109-FZ of 18 July 1995 to amend the Labour Code, which strengthens state labour inspection and the control of violations of labour legislation (including, for example, details on the number of infringements reported and on penalties imposed).
3. The Committee, in its previous direct request, had asked for recent information on how the principle of the Convention is applied in practice, such as copies of the public sector wage scales and statistical data. As the Government points out that the State Committee on Statistics does not publish such data on wages and salaries which could be used to evaluate the difference in remuneration between men and women, the Committee trusts that in future reports such information - perhaps available from other sources (such as the national report prepared for the United Nations Fourth World Conference on Women or by government departments responsible for following up on the Beijing Declaration and Platform of Action) - will be supplied so that the Committee is in a position to assess that the Convention is being applied in practice.
The Committee takes note of the Government's reports. It notes that they do not contain the information requested, but merely refer once again to the provisions of the legislation that concern the subject of the Convention. The Committee notes the Act of the Russian Federation amending and supplementing the Labour Code, adopted on 25 September 1992. It also notes that the provisions on which it had commented have been maintained. It therefore repeats the substance of its previous comments.
1. The Committee notes that pursuant to the legislation (sections 2 and 77 of the Labour Code) equal wages are guaranteed for the same work. It notes the Government's statement that, during the revision of the Labour Code in 1992, the need to give effect in law to the principle of the Convention was borne in mind, since the Committee had stressed its importance in its previous comments. However, the Committee observes that the provisions of the law have not been amended along these lines. While noting that the 1993 Constitution guarantees the right to a wage fixed without discrimination (article 37(3)), the Committee draws the Government's attention to the fact that the labour legislation is not consistent with the Convention which provides that equal pay for men and women must be guaranteed for work of equal value. The Committee asks the Government to state in its next report the measures that it plans to take in order to amend the legislation in this respect.
2. With regard to wage fixing, the Committee notes that section 80, as amended, of the Labour Code entitles enterprises independently to establish their own forms, systems and amounts of remuneration (and other parts of the wage) to be fixed in collective agreements, in accordance with section 13 of Act No. 2490-I of 11 March 1992 concerning collective and other agreements. With regard to the minimum wages guaranteed by the federal legislation pursuant to article 37 of the Constitution and section 78 of the Labour Code, the Committee asks the Government to indicate the specific measures taken or envisaged to ensure the application of the principle of the Convention in cases where an enterprise remunerates workers at levels above the minimum set by federal law. The Committee would be grateful if the Government would provide the texts of collective agreements establishing wage levels (other than minimum wages) in the various sectors of activity, indicating if possible the percentage of women covered by these collective agreements and the percentage of men and women employed at the different levels. It also asks the Government to provide details of the application of the principle of the Convention to other parts of remuneration such as bonuses or incentives, or any other material encouragement that may be introduced.
3. Furthermore, the Committee observes that it has no recent information enabling it to ascertain how the principle of equal remuneration set out in the national legislation is applied in practice. It would therefore be grateful if in its next report the Government would also supply:
(i) the wage scales applying in the public sector, with an indication of the percentage of men and women employed at different levels;
(ii) statistical data on minimum wage rates and the average actual earnings of men and women, broken down, where possible, by occupation, branch of activity, seniority or level of qualifications, as well as information on the corresponding percentage of women;
(iii) information on the measures taken to ensure supervision of the application of the provisions regulating equal wages and, in particular, on the activities of the labour inspectorate (infringements reported, penalties imposed) and on court decisions.
The Committee notes the information provided by the Government in its report concerning the methods for determining remuneration.
1. The Committee notes that pursuant to section 22 of the USSR Act of 4 July 1990, enterprises are entitled independently to establish their own forms, systems and amounts of remuneration. Recalling that section 36 of the Fundamental Principles of the legislation of the USSR relates to minimum wages, the Committee requests the Government to indicate the specific measures taken or contemplated to ensure that the principle of the Convention is applied in those cases where an enterprise remunerates workers at levels above the minimum set by the Government. Noting also from the report that in order to give further material encouragement to workers, systems of bonuses, awards and other incentives may be introduced, the Committee would be grateful if the Government would provide information in its next report concerning the introduction of any bonus or incentive schemes, bearing on the application of the Convention.
2. The Committee recalls that under section 36 of the Fundamental Principles, the work of workers shall be remunerated according to its quantity and quality, and any reduction in remuneration on the ground of sex is prohibited. The Committee requests the Government to indicate whether, in the review of existing legislation (which the Committee noted in its 1991 direct request on the application of Convention No. 111), measures are being taken to give legislative expression to the principle of equal pay for men and women workers for work of equal value. In this regard, the Committee refers to its 1990 General Observation on the application of the Convention where it emphasised the importance of bringing national legislation into conformity with the Convention.
3. The Committee notes that for some years, the Government has not provided information sufficient to enable an appraisal of the extent to which the wage differential has been reduced through application of the principle of the Convention. Accordingly, the Committee requests the Government to provide, in its next report, full information concerning the implementation in practice of the Convention, including (i) the salary scales applying in the public sector, with an indication of the percentage of men and women employed at different levels; (ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women in the economy, broken down, where possible, by occupation or sector of employment, seniority or skill level as well as information on the percentage of women employed in different occupations or sectors; and (iii) information regarding any survey or studies undertaken or envisaged with a view to determining the reasons for wage disparities.
The Committee notes with interest the detailed information supplied by the Government in its report.
The Committee notes in particular the information concerning the central fixing of wage rates and the table providing wage scales for the different categories in various branches of industry.
In order to appreciate more fully the practical application of the principle of equal remuneration for work of equal value, the Committee requests the Government to communicate examples of classifications of occupations over the different wage scales in one or more branches of industry, together with the percentages of men and women in the occupations covered.
The Committee requests the Government also to include in its next report the centrally-fixed wage scales for non-industrial sectors, such as the national education system and the national health and social welfare system, together with examples of classifications of occupations over the different scales in these sectors, and the percentages of men and women in each occupation.