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Repetition Article 2 of the Convention. Minimum wages. The Committee notes that the Government indicates that the establishment of the minimum wage constitutes one of the Government’s most significant steps towards regulating remuneration. The Government indicates that the monthly minimum wage is determined for simple and unskilled work not requiring a specified level of qualifications, and no one can be paid lower than the statutory minimum wage. The Committee welcomes the adoption of the national minimum wage, and recalls that this is an important means by which the Convention is applied. As women predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid, it is likely to have an influence on the gender pay gap (General Survey on the fundamental Conventions, 2012, paragraphs 682–685). The Committee asks the Government to provide information as to whether any groups of workers or sectors are excluded from the coverage of the minimum wage. Please also provide information on the level of the minimum wage, and the method used to set it. The Committee also requests the Government to provide information on the impact the introduction of the minimum wage has had on the gender pay gap. Article 3. Objective job evaluation. The Committee recalls that section 121(1) of the Labour Code of 2007 provides that the monthly wage of the employee shall depend on the qualifications of the employee, the complexity, amount and quality of the work performed, as well as the working conditions, and section 125 sets out the manner in which qualification requirements and levels of complexity of the different types of work are to be determined, namely on the basis of manuals elaborated by the state labour authorities. Pursuant to section 22(23), the worker has the right to be paid in accordance with these criteria. The Committee recalls that the concept of “work of equal value” requires some method of measuring and comparing the relative value of different jobs; for the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective. (General Survey, 2012, paragraphs 695 and 700). The Committee asks the Government to provide information on job evaluation methods used to compare different jobs, including any set out in the manuals of the state labour authorities, and to indicate how it is ensured that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly.Articles 2 and 4. Collective bargaining. Cooperation with employers’ and workers’ organizations. The Committee notes that the Government states generally that labour relations may be regulated by collective agreements. The Committee asks the Government to provide summaries of any collective agreements expressly providing for equal remuneration for men and women for work of equal value. Please also provide information on specific measures taken in cooperation with employers’ and workers’ organizations with a view to giving effect to the principle of equal remuneration for men and women for work of equal value.Parts III and IV of the report form. Enforcement. The Committee once again asks the Government to provide information on the measures taken by the competent authorities to ensure the effective monitoring and enforcement of the provisions of the Labour Code concerning remuneration. Please provide information on any complaints of such violations addressed by the courts, labour inspectors, or other authorities, and the results thereof.Part V of the report form. Statistics. The Committee asks the Government to collect and provide statistical information on the situation on men and women in employment and their remuneration in the public and private sectors, by industry and occupation. Please also provide any available information on the gender pay gap and any analysis of the causes and evolution of the gender pay gap.
Repetition Article 1(b) of the Convention. Legislative framework. Work of equal value. The Committee recalls that the Labour Code of 2007 contains provisions that are narrower than the principle of the Convention. The Committee recalls that section 7(1) prohibits sex discrimination in the exercise of labour rights and section 22(15) provides that the employee shall have the right to “equal payment for equal labour without any discrimination”. The Committee notes that the Government replies that there is no discrimination on any grounds, including sex, in the determination of the amount of a worker’s wage, and it considers that the legislation is in compliance with the Convention. The Committee recalls that prohibiting sex discrimination in labour rights, including wages, is not sufficient to give effect to the Convention, as it does not capture the concept of “work of equal value” (General Survey on the fundamental Conventions, 2012, paragraph 676). The Committee notes further that “equal payments for equal labour without discrimination” is also insufficient, as it also does not capture the concept of work of equal value. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to stereotypical attitudes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men, and often “female” jobs are undervalued in comparison with work of equal value performed by men (General Survey, 2012, paragraph 673). The Committee urges the Government to take concrete steps to amend the Labour Code to give full legislative effect to the principle of equal remuneration for men and women for work of equal value, allowing for comparisons not only of similar jobs, but of jobs which are of an entirely different nature. Please provide information in this regard.
Repetition Article 2 of the Convention. Minimum wages. The Committee notes that the Government indicates that the establishment of the minimum wage constitutes one of the Government’s most significant steps towards regulating remuneration. The Government indicates that the monthly minimum wage is determined for simple and unskilled work not requiring a specified level of qualifications, and no one can be paid lower than the statutory minimum wage. The Committee welcomes the adoption of the national minimum wage, and recalls that this is an important means by which the Convention is applied. As women predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid, it is likely to have an influence on the gender pay gap (General Survey on the fundamental Conventions, 2012, paragraphs 682–685). The Committee asks the Government to provide information as to whether any groups of workers or sectors are excluded from the coverage of the minimum wage. Please also provide information on the level of the minimum wage, and the method used to set it. The Committee also requests the Government to provide information on the impact the introduction of the minimum wage has had on the gender pay gap. Article 3. Objective job evaluation. The Committee recalls that section 121(1) of the Labour Code of 2007 provides that the monthly wage of the employee shall depend on the qualifications of the employee, the complexity, amount and quality of the work performed, as well as the working conditions, and section 125 sets out the manner in which qualification requirements and levels of complexity of the different types of work are to be determined, namely on the basis of manuals elaborated by the state labour authorities. Pursuant to section 22(23), the worker has the right to be paid in accordance with these criteria. The Committee recalls that the concept of “work of equal value” requires some method of measuring and comparing the relative value of different jobs; for the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective. (General Survey, 2012, paragraphs 695 and 700). The Committee asks the Government to provide information on job-evaluation methods used to compare different jobs, including any set out in the manuals of the state labour authorities, and to indicate how it is ensured that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly.Articles 2 and 4. Collective bargaining. Cooperation with employers’ and workers’ organizations. The Committee notes that the Government states generally that labour relations may be regulated by collective agreements. The Committee asks the Government to provide summaries of any collective agreements expressly providing for equal remuneration for men and women for work of equal value. Please also provide information on specific measures taken in cooperation with employers’ and workers’ organizations with a view to giving effect to the principle of equal remuneration for men and women for work of equal value.Parts III and IV of the report form. Enforcement. The Committee once again asks the Government to provide information on the measures taken by the competent authorities to ensure the effective monitoring and enforcement of the provisions of the Labour Code concerning remuneration. Please provide information on any complaints of such violations addressed by the courts, labour inspectors, or other authorities, and the results thereof.Part V of the report form. Statistics. The Committee asks the Government to collect and provide statistical information on the situation on men and women in employment and their remuneration in the public and private sectors, by industry and occupation. Please also provide any available information on the gender pay gap and any analysis of the causes and evolution of the gender pay gap.
Repetition Article 1(b) of the Convention. Legislative framework. Work of equal value. The Committee recalls that the Labour Code of 2007 contains provisions that are narrower than the principle of the Convention. The Committee recalls that section 7(1) prohibits sex discrimination in the exercise of labour rights and section 22(15) provides that the employee shall have the right to “equal payment for equal labour without any discrimination”. The Committee notes that the Government replies that there is no discrimination on any grounds, including sex, in the determination of the amount of a worker’s wage, and it considers that the legislation is in compliance with the Convention. The Committee recalls that prohibiting sex discrimination in labour rights, including wages, is not sufficient to give effect to the Convention, as it does not capture the concept of “work of equal value” (General Survey on the fundamental Conventions, 2012, paragraph 676). The Committee notes further that “equal payments for equal labour without discrimination”, is also insufficient, as it also does not capture the concept of work of equal value. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to stereotypical attitudes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men, and often “female” jobs are undervalued in comparison with work of equal value performed by men (General Survey, 2012, paragraph 673). The Committee urges the Government to take concrete steps to amend the Labour Code to give full legislative effect to the principle of equal remuneration for men and women for work of equal value, allowing for comparisons not only of similar jobs, but of jobs which are of an entirely different nature. Please provide information in this regard.
Repetition Article 1(b) of the Convention. Legislative framework. Work of equal value. The Committee recalls that the Labour Code of 2007 contains provisions that are narrower than the principle of the Convention. The Committee recalls that section 7(1) prohibits sex discrimination in the exercise of labour rights and section 22(15) provides that the employee shall have the right to “equal payment for equal labour without any discrimination”. The Committee notes that the Government replies that there is no discrimination on any grounds, including sex, in the determination of the amount of a worker’s wage, and it considers that the legislation is in compliance with the Convention. The Committee recalls that prohibiting sex discrimination in labour rights, including wages, is not sufficient to give effect to the Convention, as it does not capture the concept of “work of equal value” (General Survey on the fundamental Conventions, 2012, paragraph 676). The Committee notes further that “equal payments for equal labour without discrimination”, is also insufficient, as it also does not capture the concept of work of equal value. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to stereotypical attitudes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men, and often “female” jobs are undervalued in comparison with work of equal value performed by men (General Survey, 2012, paragraph 673). The Committee urges the Government to take concrete steps to amend the Labour Code to give full legislative effect to the principle of equal remuneration for men and women for work of equal value, allowing for comparisons not only of similar jobs, but of jobs which are of an entirely different nature. Please provide information in this regard.The Committee is raising other points in a request addressed directly to the Government.
Repetition Article 3. Objective job evaluation. The Committee notes section 121(1) of the new Labour Code of 2007 which provides that the monthly wage of the employee shall be set depending on the qualifications of the employee, the complexity, amount and quality of the work performed, as well as working conditions. Section 22(23) states that payment for labour in accordance with these criteria is a right of the employee. Section 125 (“Organization of labour compensation”) sets out the manner in which qualification requirements and levels of complexity of the different types of work are to be determined, i.e. on the basis of manuals elaborated by the State labour authorities. The Committee asks the Government to provide additional information on the implementation of these provisions, including information on the methodology used to develop the abovementioned manuals and the measures taken by the competent authorities to ensure that the Labour Code’s procedures for the determination of wages is properly applied.Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the very general information provided by the Government concerning the social partnership system established under the new Labour Code. The Committee asks the Government to provide information on any specific measures taken to seek the cooperation of employers’ and workers’ organizations with a view to giving effect to the provisions of the Convention.Enforcement. The Committee asks the Government to provide information on the measures taken by the competent authorities to ensure the proper implementation and enforcement of the Labour Code’s provisions concerning remuneration and to indicate whether any complaints have been received regarding violations of the principle of equal remuneration for men and women for work of equal value.Statistical information. The Committee notes, from the Country Gender Assessment published by the Asian Development Bank in 2006, that the average gender wage gap grew from 30 per cent in 1990 to 38 per cent in 2002, with particularly wide remuneration gaps between men and women in economic sectors in which women are concentrated. The Committee therefore asks the Government to provide detailed and updated information on the earnings of men and women in the private and public sectors, and according to industry.
Repetition Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. In its previous comments, the Committee drew the Government’s attention to the fact that the right to equal remuneration set out in section 7(2) of the 1999 Labour Act was narrower than the principle of equal remuneration for work of equal value set out in the Convention. In this regard, the Committee notes that the new Labour Code of 2007 contains the same provision in section 22(15) providing that the employee shall have the right to “equal payment for equal labour without any discrimination”. In addition, section 7(1) prohibits sex discrimination in the exercise of labour rights. The Committee recalls its general observation of 2006 in which it emphasized that the concept of “work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee urged countries still retaining legal provisions that are narrower than the principle of the Convention to amend their legislation to ensure that it not only provides for equal remuneration for equal, the same or similar work, but also prohibits pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value. The Committee notes that the Government has failed to take these comments into account when adopting the Labour Code of 2007. It also notes that the Committee on the Elimination of Discrimination against Women had similarly called on Kazakhstan to introduce legislative provisions on equal pay for work of equal value (CEDAW/C/KAZ/CO, 2 February 2007, paragraph 24). The Committee urges the Government to take the necessary steps to bring the legislation into conformity with the Convention, providing for the right of men and women to equal remuneration for work of equal value. It asks the Government to provide information on the measures taken to this end.The Committee is raising other points 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:
Article 3. Objective job evaluation. The Committee notes section 121(1) of the new Labour Code of 2007 which provides that the monthly wage of the employee shall be set depending on the qualifications of the employee, the complexity, amount and quality of the work performed, as well as working conditions. Section 22(23) states that payment for labour in accordance with these criteria is a right of the employee. Section 125 (“Organization of labour compensation”) sets out the manner in which qualification requirements and levels of complexity of the different types of work are to be determined, i.e. on the basis of manuals elaborated by the State labour authorities. The Committee asks the Government to provide additional information on the implementation of these provisions, including information on the methodology used to develop the abovementioned manuals and the measures taken by the competent authorities to ensure that the Labour Code’s procedures for the determination of wages is properly applied.
Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the very general information provided by the Government concerning the social partnership system established under the new Labour Code. The Committee asks the Government to provide information on any specific measures taken to seek the cooperation of employers’ and workers’ organizations with a view to giving effect to the provisions of the Convention.
Enforcement. The Committee asks the Government to provide information on the measures taken by the competent authorities to ensure the proper implementation and enforcement of the Labour Code’s provisions concerning remuneration and to indicate whether any complaints have been received regarding violations of the principle of equal remuneration for men and women for work of equal value.
Statistical information. The Committee notes, from the Country Gender Assessment published by the Asian Development Bank in 2006, that the average gender wage gap grew from 30 per cent in 1990 to 38 per cent in 2002, with particularly wide remuneration gaps between men and women in economic sectors in which women are concentrated. The Committee therefore asks the Government to provide detailed and updated information on the earnings of men and women in the private and public sectors, and according to industry.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. In its previous comments, the Committee drew the Government’s attention to the fact that the right to equal remuneration set out in section 7(2) of the 1999 Labour Act was narrower than the principle of equal remuneration for work of equal value set out in the Convention. In this regard, the Committee notes that the new Labour Code of 2007 contains the same provision in section 22(15) providing that the employee shall have the right to “equal payment for equal labour without any discrimination”. In addition, section 7(1) prohibits sex discrimination in the exercise of labour rights.
The Committee recalls its general observation of 2006 in which it emphasized that the concept of “work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee urged countries still retaining legal provisions that are narrower than the principle of the Convention to amend their legislation to ensure that it not only provides for equal remuneration for equal, the same or similar work, but also prohibits pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value.
The Committee notes with regret that the Government has failed to take these comments into account when adopting the Labour Code of 2007. It also notes that the Committee on the Elimination of Discrimination against Women had similarly called on Kazakhstan to introduce legislative provisions on equal pay for work of equal value (CEDAW/C/KAZ/CO, 2 February 2007, paragraph 24). The Committee urges the Government to take the necessary steps to bring the legislation into conformity with the Convention, providing for the right of men and women to equal remuneration for work of equal value. It asks the Government to provide information on the measures taken to this end.
The Committee is raising other points in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.
The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes the provisions of Act No. 493-I “on labour in the Republic of Kazakhstan” referred to in the Government’s report. It notes that wages are defined under section 1 of the Act but that the definition given is narrower than the Convention’s concept of remuneration, which includes all payments, both cash or in kind, direct and indirect, arising out of the worker’s employment. The Committee also notes that section 7.2 of the Act provides that “the worker has the right to equal pay for equal labour without discrimination”. The Act however does not define “pay” in this context and it is therefore unclear what the scope of this provision is. The Committee asks the Government to indicate the definition of remuneration to which the principle of the Convention applies.
2. Article 1(b). Definition of equal remuneration. As already noted under Article 1(a) above, section 7.2 of the Labour Act provides for the right to equal pay for equal labour. The Committee notes that this principle is narrower than the Convention’s requirement, which goes beyond a reference to the “same” or “equal” work in making the “value” of the work the point of comparison (see General Survey on equal remuneration, 1986, paragraph 19). The Committee also notes that the Government reports that equal remuneration for men and women workers for work of equal value is understood to refer to remuneration rates which are determined without discrimination on the basis of sex. The Committee asks the Government to clarify the meaning of the concept “equal pay for equal labour” in view of the broader concept contained in the Convention, and to clarify whether the value of the work is used as the reference point for determining remuneration rates.
3. Articles 2(2)(b) and 3. Wage determination. The Committee notes that section 70.3 of the Labour Act provides that the criteria used to determine differential wage rates include the complexity of the work, and the expertise and productivity of the worker. It further notes that the appraisal of skills required and the complexity of jobs will be determined with reference to “professional skill reference book” (section 70.5). In order to assess fully the objectivity of the grounds used to evaluate jobs, in particular whether they are free from discrimination based on sex, the Committee asks the Government to provide a copy of the “professional skills reference book”. It also asks the Government to indicate what measures have been taken to reduce any differential in wage rates for men and women through methods including job evaluation.
4. Article 2(2)(c). Collective agreements. The Committee notes from the Government’s report that the principle of equal remuneration is applied through the General Agreement between the Government and national trade union associations and employers’ associations for 2003–04, and by tripartite regional agreements. It also notes that section 70.4 of the Labour Act provides that “systems of labour remuneration” may be determined by collective agreements. The Committee asks the Government to provide copies of the collective agreements referred to in its report together with copies of any agreements concluded in application of section 70.4 of the Labour Act, in so far as these agreements provide for differential rates of remuneration for work performed.
5. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes from the report that the Act “on social partnership” makes provision for the establishment of a mechanism to regulate social, labour and associated economic relations and that the elimination of discrimination has been the subject of a discussion by a national tripartite commission on social partnership. The Committee asks the Government to provide more information on cooperation in tripartite commissions and under the Social Partnership Act for the purpose of giving effect to the provisions of the Convention.
The Committee notes the information in the Government’s first report.
1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes the provisions of Act No. 493-I "on labour in the Republic of Kazakhstan" referred to in the Government’s report. It notes that wages are defined under section 1 of the Act but that the definition given is narrower than the Convention’s concept of remuneration, which includes all payments, both cash or in kind, direct and indirect, arising out of the worker’s employment. The Committee also notes that section 7.2 of the Act provides that "the worker has the right to equal pay for equal labour without discrimination". The Act however does not define "pay" in this context and it is therefore unclear what the scope of this provision is. The Committee asks the Government to indicate the definition of remuneration to which the principle of the Convention applies.
2. Article 1(b). Definition of equal remuneration. As already noted under Article 1(a) above, section 7.2 of the Labour Act provides for the right to equal pay for equal labour. The Committee notes that this principle is narrower than the Convention’s requirement, which goes beyond a reference to the "same" or "equal" work in making the "value" of the work the point of comparison (see General Survey on equal remuneration, 1986, paragraph 19). The Committee also notes that the Government reports that equal remuneration for men and women workers for work of equal value is understood to refer to remuneration rates which are determined without discrimination on the basis of sex. The Committee asks the Government to clarify the meaning of the concept "equal pay for equal labour" in view of the broader concept contained in the Convention, and to clarify whether the value of the work is used as the reference point for determining remuneration rates.
3. Articles 2(2)(b) and 3. Wage determination. The Committee notes that section 70.3 of the Labour Act provides that the criteria used to determine differential wage rates include the complexity of the work, and the expertise and productivity of the worker. It further notes that the appraisal of skills required and the complexity of jobs will be determined with reference to "professional skill reference book" (section 70.5). In order to assess fully the objectivity of the grounds used to evaluate jobs, in particular whether they are free from discrimination based on sex, the Committee asks the Government to provide a copy of the "professional skills reference book". It also asks the Government to indicate what measures have been taken to reduce any differential in wage rates for men and women through methods including job evaluation.
4. Article 2(2)(c). Collective agreements. The Committee notes from the Government’s report that the principle of equal remuneration is applied through the General Agreement between the Government and national trade union associations and employers’ associations for 2003-04, and by tripartite regional agreements. It also notes that section 70.4 of the Labour Act provides that "systems of labour remuneration" may be determined by collective agreements. The Committee asks the Government to provide copies of the collective agreements referred to in its report together with copies of any agreements concluded in application of section 70.4 of the Labour Act, in so far as these agreements provide for differential rates of remuneration for work performed.
5. Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes from the report that the Act "on social partnership" makes provision for the establishment of a mechanism to regulate social, labour and associated economic relations and that the elimination of discrimination has been the subject of a discussion by a national tripartite commission on social partnership. The Committee asks the Government to provide more information on cooperation in tripartite commissions and under the Social Partnership Act for the purpose of giving effect to the provisions of the Convention.