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Equal Remuneration Convention, 1951 (No. 100) - Russian Federation (Ratification: 1956)

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Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Confederation of Labour of Russia (KTR) received on 31 August 2021.
Article 3 of the Convention. Objective job evaluation. The Committee notes the Government’s indication, in its report, that section 132 of the Labour Code provides that remuneration shall depend upon qualifications, complexity of work, and quantity and quality of the work performed. In that regard, the Government refers to: (1) the adoption of Federal Act No. 238-FZ of 3 July 2016 on Independent Assessment of Qualifications, which establishes the procedure for confirming the qualifications of employees or persons applying for a specific job; and (2) the corresponding amendments introduced as a result into the Labour Code (Federal Act No. 239-FZ of 3 July 2016) and the Tax Code (Federal Act No. 251-FZ of 3 July 2016). The Committee notes the Government’s indication that wage differences between men and women are not based on gender but rather on the complexity of the work performed and the effectiveness of the employee. In that regard, it notes that, in its observations, the KTR highlights that recommendations to introduce gender neutral methods for job evaluation that would focus on the content of work and not on the skills and characteristics of those performing it, are not being developed at the state level. The KTR further regrets the lack of access to information on salaries or the possibility to make comparisons. The Committee wishes to recall that while criteria such as quality and quantity of work may be used to determine the level of earnings, the use of only these criteria is likely to have the effect of impeding an objective evaluation of the work performed by men and women to determine the value of such work. Indeed, the effective implementation of the principle of the Convention requires some method of measuring and comparing the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skill, effort, responsibilities and working conditions, in order to avoid the assessment being tainted by gender bias. Therefore, objective job evaluation is concerned with evaluating the job and not the performance of an individual worker in carrying out his or her job (see 2012 General Survey on the fundamental Conventions, paragraphs 695 and 696). The Committee asks the Government to provide information on:
  • (i)the measures taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs, in both the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work; and
  • (ii)any measures envisaged or elaborated to enable access to information on salaries, such as wage transparency policies, so as to ensure the possibility of comparing remuneration levels.
Articles 2(2)(c) and 4. Collective agreements and collaboration with the social partners. The Committee notes that, in its report submitted to the United Nations (UN) Committee on the Elimination of Racial Discrimination (CERD) in 2020, the Government states that given the economic independence of business entities, collective bargaining is a key factor in regulating compensation of employees. In accordance with the current legislation, employees may influence the level of their wages and salaries when entering into collective agreements and industrywide pay scale agreements (CERD/C/RUS/25-26, 3 July 2020, paragraph 331). The Committee welcomes the tripartite General Agreement for 2021-2023 concluded between all the trade union associations, all the employers’ associations and the Government, which specifically provides that: (1) if violations of the principle of equal pay for men and women are identified, regarding equal value, the parties to the Agreement shall develop measures to eliminate such violations; and (2) collective bargaining should be enhanced regarding regulation of employee’s remuneration. 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 provide information on:
  • (i)the manner in which the application of the Convention is promoted through collective agreements;
  • (ii)the actions undertaken to promote the implementation of the principle of equal remuneration for work of equal value with the cooperation of the social partners, in particular in the framework of the tripartite General Agreement for 2021-2023, and the results of such initiatives; and
  • (iii)any violations of the principle of equal remuneration for men and women for work of equal value identified and any measures developed, by the Government and the social partners, to eliminate such violations.
Awareness-raising and enforcement. The Committee notes with regret the repeated lack of information from the Government on the enforcement of the legal provisions relating to equal remuneration, as well as on cases dealt with by the competent administrative and judicial authorities. It draws the Government’s attention to the fact that this may be due to the lack of awareness of or access to the respective rights and procedures, and to the remedies provided for under the law, or to fear of reprisals. In light of the wide and persistent gender pay gap, the Committee again asks the Government to provide information on:
  • (i)any proactive measures taken in order to raise public awareness of the relevant legislative provisions, and of the procedures and remedies available in relation to equal remuneration for men and women for work of equal value
  • (ii)the number of labour inspections carried out and pay inequality cases between men and women identified and the number of pay inequality cases dealt with by the competent administrative and judicial authorities, the sanctions imposed and remedies granted.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Confederation of Labour of Russia (KTR) received on 31 August 2021.
Articles 1–4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes (occupational segregation). The Committee notes that, according to the statistical information from the Federal State Statistics Service (Rosstat) provided by the Government in its report, the average gender pay gap remained high at 27.9 per cent in 2019 (compared with 27.4 per cent in 2015). It observes that the gender pay gap was as wide as 40 per cent for mid-level professionals, where women represented 68.9 per cent of the total number of workers, and 30.1 per cent for top level professionals, where women represented 70.6 per cent of the total number of workers. Furthermore, in all economic sectors, wages of women were systematically lower than men’s. In that regard, the Committee notes the persistence of occupational gender segregation, with women being still concentrated in hotel and restaurant services (66 per cent), education (79.9 per cent), healthcare and social services (79.9 per cent), while men were mostly working in construction (83.5 per cent), mining (81.7 per cent) and production and distribution of electricity, gas and water (66.9 per cent). It also notes that, in its observations, the KTR highlights that, in sectors where women are most concentrated: (1) the average monthly salary was systematically lower than the national average salary while the opposite applies for sectors where men are concentrated, except in construction where there is a significant percentage of migrant workers; and (2) men remain disproportionately represented in management. In that regard, the KTR adds that, while the share of women in management positions over two years grew by 1.2 per cent and was approaching parity (49.7 per cent in 2019), the gender pay gap in hourly earnings for managers was estimated at 31.6 per cent in 2019. Despite this situation, in KTR’s view, the Government did not take any serious commitment to promote gender equality or elaborate and implement inclusive, comprehensive and gender-sensitive approaches in order to reduce the gender pay gap. The Committee notes with concern this information and regrets that the Government did not provide information on any measures elaborated or implemented in order to address the wide and persistent gender pay gap and its underlying causes. It notes that, in its 2020 conclusions, the European Committee of Social Rights (ECSR) concluded that the Russian Federation was not in conformity with Article 20(c) of the European Social Charter, which requires the implementation of appropriate measures regarding remuneration to ensure equal opportunities and equal treatment between men and women in matters of employment and occupation, on the ground that the obligation to make measurable progress in reducing the gender pay gap has not been fulfilled (March 2021, pages 32–33). Furthermore, in its 2021 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed similar concerns (CEDAW/C/RUS/CO/9, 30 November 2021, paragraph 38). Finally, the Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Workers with Family Responsibilities Convention, 1981 (No. 156) regarding prohibition of women’s employment in specific occupational activities, as well as gender stereotypes regarding women’s professional capabilities and their role in the family. The Committee therefore urges the Government to take the necessary steps, without delay, in order to address the gender pay gap and its underlying causes, such as persistent vertical and horizontal occupational gender segregation and stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family. It asks the Government to provide: (i) information on the content of the proactive measures implemented to overcome occupational gender segregation in the labour market and reduce the gender pay gap, including by enhancing women’s access to jobs with career prospects and higher pay; (ii) information on any assessment made of the results achieved by such measures; and (iii) statistical information on the earnings of men and women as well as any recent information on the gender pay gap, disaggregated by occupational category if possible, both in the public and private sectors.
The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Confederation of Labour of Russia (KTR) received on 31 October 2017, which were sent to the Government for its comments.
The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments, initially made in 2014.
The Committee notes the observations of the Confederation of Labour of Russia (KTR) received on 31 October 2014, which were sent to the Government for its comments.
Articles 1 and 2 of the Convention. Gender pay gap and its underlying causes. The Committee notes that the Government’s 2014 report does not contain information in reply to its previous comments. The Committee also notes the Government’s report submitted in 2011, which indicates that, according to the statistical information provided by the Federal State Statistics Service (Rosstat), there is a wide gender wage gap (36 per cent), with the average wages of women amounting to 64 per cent of those of men in 2011. The main reason for these differences in wages is the representation of men and women in different areas of employment. The statistics show significant horizontal occupational gender segregation, with women being concentrated in hotel and restaurant services, education, health care and social services, and men in transport and communications, construction and production, and the distribution of electricity, gas and water. The Committee notes from the Government’s report on the implementation of the European Social Charter that the average gender wage gap by economic sector varies from 46 per cent in leisure activities, culture and sports to 11 per cent in education. The wages of women were lower than the wages of men in all sectors and all occupational categories (managers, specialists, other “white-collar” workers and “blue-collar” workers); they ranged from 57 per cent of men’s wages among average-skilled workers up to 84 per cent among unskilled workers. In this report, the Government also indicates that part of the difference in wages between men and women is explained by the payment of compensation to men for work in harmful, dangerous and difficult working conditions where it is prohibited to employ women, and for overtime, work on weekends and public holidays, which is prohibited for “certain categories of women” (RAP/RCha/RUS/3(2014), 20 December 2013, pages 27–30). While noting that the legal framework established by the Labour Code reflects the principle of equal remuneration for men and women for work of equal value, the Committee notes that in light of the persistent gender wage gap and the legislative restrictions referred to above, the principle is not applied effectively in practice. The Committee asks the Government to take concrete steps to address horizontal and vertical occupational gender segregation and inequalities in remuneration existing in practice between men and women, including specific measures to address the legal and practical barriers to the employment of women and stereotypical attitudes and prejudices with a view to reducing inequalities in remuneration, and to indicate how the social partners cooperate in this regard. The Government is also requested to provide information on the following points:
  • (i) the measures taken to promote the development and use of objective job evaluation methods in both the private and the public sectors;
  • (ii) the work and outcome of the Special Task Force on gender equality set up in 2010 in relation to equal remuneration; and
  • (iii) statistical information, disaggregated by sex and economic sector, showing the evolution of the participation of men and women in the labour market and their corresponding earnings.
Enforcement. The Committee once again notes the absence of information concerning the enforcement of the legal provisions relating to equal remuneration, as well as on cases dealt with by the competent administrative and judicial authorities. The Committee is concerned that this may be due to the lack of awareness of or access to the respective rights and procedures, and to the remedies provided for under the law, or to fear of reprisals. The Committee once again asks the Government to take appropriate measures to raise public awareness of the relevant legislation, and of the procedures and remedies available in relation to equal remuneration for men and women for work of equal value. Please provide information on equal pay cases dealt with by the competent administrative and judicial authorities.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Confederation of Labour of Russia (KTR) received on 31 October 2014, which were sent to the Government for its comments.
Articles 1 and 2 of the Convention. Gender pay gap and its underlying causes. The Committee notes that the Government’s 2014 report does not contain information in reply to its previous comments. The Committee also notes the Government’s report submitted in 2011, which indicates that, according to the statistical information provided by the Federal State Statistics Service (Rosstat), there is a wide gender wage gap (36 per cent), with the average wages of women amounting to 64 per cent of those of men in 2011. The main reason for these differences in wages is the representation of men and women in different areas of employment. The statistics show significant horizontal occupational gender segregation, with women being concentrated in hotel and restaurant services, education, health care and social services, and men in transport and communications, construction and production, and the distribution of electricity, gas and water. The Committee notes from the Government’s report on the implementation of the European Social Charter that the average gender wage gap by economic sector varies from 46 per cent in leisure activities, culture and sports to 11 per cent in education. The wages of women were lower than the wages of men in all sectors and all occupational categories (managers, specialists, other “white-collar” workers and “blue-collar” workers); they ranged from 57 per cent of men’s wages among average-skilled workers up to 84 per cent among unskilled workers. In this report, the Government also indicates that part of the difference in wages between men and women is explained by the payment of compensation to men for work in harmful, dangerous and difficult working conditions where it is prohibited to employ women, and for overtime, work on weekends and public holidays, which is prohibited for “certain categories of women” (RAP/RCha/RUS/3(2014), 20 December 2013, pages 27–30). While noting that the legal framework established by the Labour Code reflects the principle of equal remuneration for men and women for work of equal value, the Committee notes that in light of the persistent gender wage gap and the legislative restrictions referred to above, the principle is not applied effectively in practice. The Committee asks the Government to take concrete steps to address horizontal and vertical occupational gender segregation and inequalities in remuneration existing in practice between men and women, including specific measures to address the legal and practical barriers to the employment of women and stereotypical attitudes and prejudices with a view to reducing inequalities in remuneration, and to indicate how the social partners cooperate in this regard. The Government is also requested to provide information on the following points:
  • (i) the measures taken to promote the development and use of objective job evaluation methods in both the private and the public sectors;
  • (ii) the work and outcome of the Special Task Force on gender equality set up in 2010 in relation to equal remuneration; and
  • (iii) statistical information, disaggregated by sex and economic sector, showing the evolution of the participation of men and women in the labour market and their corresponding earnings.
Enforcement. The Committee once again notes the absence of information concerning the enforcement of the legal provisions relating to equal remuneration, as well as on cases dealt with by the competent administrative and judicial authorities. The Committee is concerned that this may be due to the lack of awareness of or access to the respective rights and procedures, and to the remedies provided for under the law, or to fear of reprisals. The Committee once again asks the Government to take appropriate measures to raise public awareness of the relevant legislation, and of the procedures and remedies available in relation to equal remuneration for men and women for work of equal value. Please provide information on equal pay cases dealt with by the competent administrative and judicial authorities.

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

Application in practice. The Committee notes the Government’s indication that article 19(3) of the Constitution provides for men and women to enjoy “equal rights and freedoms and equal opportunities”. The Committee also notes that, pursuant to article 37(3), everyone shall receive “remuneration for labour without any discrimination whatsoever and not below the minimum wage established by federal law”. The Committee further recalls that, pursuant to section 3 of the Labour Code (Federal Law No. 197-FZ of 2001), everyone shall have equal opportunities in realizing their labour rights and may not be subject to restrictions with regard to these rights or receive any advantages on the grounds of sex in particular; and that, under section 22, the employer shall ensure equal payment to employees for work of equal value. While noting the relevant legal provisions, the Committee remains concerned about the application of these principles in practice particularly in light of the level of women’s earnings in comparison with men’s. Indeed, the Committee notes from the statistical information provided by the Government the existence of a wide gender wage gap, with the average wages of women amounting in 2009 to 65.3 per cent of those of men. In addition, the Committee notes the deep concern expressed by the United Nations Committee on the Elimination of all Forms of Discrimination Against Women (CEDAW), in its concluding observations, concerning the deterioration of the situation of women in employment, and noting, in particular, that they represent the overwhelming majority of workers in lower level and low-paid jobs in the public sector, that they face discrimination in the private sector, and that their share of high-paid jobs in that sector is low (CEDAW/C/USR/CO/7, 16 August 2010, paragraph 36). According to the report submitted by the Government to CEDAW, hidden discrimination against women and their vertical and horizontal segregation remain serious problems in the economic sphere (CEDAW/C/USR/7, 9 March 2009, paragraph 75). The Committee recalls that stereotypical attitudes regarding the roles of women and men in society result in occupational segregation as well as gender-biased undervaluation of the work performed by women. In order to address such occupational segregation and differences of remuneration between men and women in employment, the Committee refers the Government to its 2006 general observation and to the importance of promoting objective and analytical methods for the evaluation of jobs and to cooperate with workers’ and employers’ organizations to promote the application of the principle of equal remuneration for men and women for work of equal value. The Committee further notes the Government’s indication that a special task force on gender equality was established in 2010 in the Ministry of Public Health and Social Development. The Government indicates that the participation of social partners is planned and that issues relating to equal pay for work of equal value will be discussed. The Committee asks the Government as follows:
  • (i) to provide information on the measures taken by the special task force on gender equality with a view to promoting and ensuring equal remuneration for men and women for work of equal value;
  • (ii) to take steps to address occupational segregation and the inequalities in remuneration existing in practice between men and women, including specific measures to address stereotypical attitudes with a view to reducing inequalities in remuneration, and to continue to seek the cooperation of the social partners in this regard;
  • (iii) to provide information on measures taken to promote the development and use of objective job evaluation methods.
Enforcement. The Committee notes the absence of information concerning equal remuneration cases dealt with by the competent administrative and judicial authorities. In this regard, it stresses that the lack of court cases regarding equal remuneration or wage discrimination is likely to indicate a lack of awareness of or access to the rights and procedures and of the existing remedies under the law, or fear of reprisals. The Committee, therefore, asks the Government to take appropriate measures to raise public awareness of the relevant legislation, the procedures and remedies available related to the principle of the Convention. It also asks the Government to consider providing specific training on the principle of equal remuneration for men and women for work of equal value to judges, labour inspectors and other relevant public officials. Please continue to provide information on equal pay cases dealt with by the competent administrative and judicial authorities.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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.

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

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).

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.

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

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.

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

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.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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.

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

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.

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

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.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

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.

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