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Equal Remuneration Convention, 1951 (No. 100) - Armenia (Ratification: 1994)

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

Previous comment

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. Private sector. The Committee notes that according to the National Statistical Committee, in 2020, the gender pay gap was 34.7 per cent (UN Women report “Analysis of the gender pay gap and gender inequality in the labour market in Armenia“ (2020). It further notes from data published by the World Bank data that, in 2021: (1) in Armenia, women earn 20 per cent less than men; and (2) several factors exacerbate the gender wage gap such as age, place of residence (regions or capital) and the level of education (Country gender profile Armenia- EU4Gender equality Report, 2021, page 32). The Committee notes that, in its report, the Government does not provide information on measures taken to address the gender pay gap in the private sector. The Committee therefore asks once again the Government to provide information on any proactive measures taken to address the underlying causes of the gender pay gap identified in the Country gender profile mentioned above; and updated statistical information on the gender pay gap and the levels of remuneration of men and women, disaggregated by sex and if available by sectors of the economy.

Public sector. Referring to it previous comments, the Committee notes that Law HO-206-N on the Public Service was adopted on 23 March 2018. According to Part 1 of section 48(1) of the Law, every person holding a public position and public servant has the right to remuneration in the amount prescribed by law without any discrimination. In addition, according to section 4 of Law No. HO-157-N of 12 December 2013 on Remuneration of persons holding public offices, as amended (2014), such remuneration is based on several principles, for example: the basic salary correspond to the duties and responsibilities assigned; the differentiation of the remuneration is justified by the position occupied by the public officers; the reasonable ratios of additional and basic salaries; the adequate remuneration for equivalent work and experience; the prohibition of discrimination in remuneration based on nationality, race, sex, religion, political or other views, social origin, property or other status. The Committee also notes that section 3(1) of the Labour Code (as amended in September 2019) prohibits and defines both direct and indirect discrimination in access to employment, vocational training and promotion and working conditions, based on different grounds, including gender, race, skin colour, ethnic or social origin.

The Committee notes that according to the statistical information provided by the Government, in 2018, the average salary of men employees in the group of senior positions was AMD664,225 (US$1,700), which is for 23 per cent higher than the average salary of women employees of the same group, AMD539,529 (US$1,300). In 2021, the average salary of men employees in the group of senior positions was AMD744,782 (US$1,900), which is for 29.5 per cent higher than the average salary of female employees of the same group, AMD 575,151 (US$1,400). According to the Government, such gender pay gap is the result of the rewards paid to men and women in different subgroups of positions as well as the length of service in the civil service. In this regard, the Government indicates that, the Strategy of reforming the public administration approved by Decision No. 691-L of May 13, 2022, as well as the Action Plan of 2021-2026 program of activities set as an objective to review the reward and incentive system and implement targeted measures to reduce the gender pay gap. The Committee once again asks the Government to take the necessary measures to include the principle of equal remuneration for men and women for work of equal value explicitly in the Law on the Public Service of 2018 and hopes that this principle will be taken into account in the reform of the administration. It asks the Government to provide: (i) information on the results achieved to narrow the gender pay gap following the implementation of the Strategy of reforming the public administration and the Action Plan 2021-2026, in particular the impact of the review of the reward and incentive system; and (ii) statistical information, disaggregated by sex, on the distribution of men and women in the various categories and positions of the civil service with their corresponding levels of earnings.

Articles 2 and 4. Determination of minimum wage rates and cooperation with workers’ and employers’ organizations. With reference to its previous comments, the Committee notes the Government’s indication that, the minimum monthly wage has been increasing from AMD13,000 (US$33) in 2005 to AMD68,000 (US$175) in 2020, with objective to reach a minimum wage of AMD85,000 (US$220) in 2026. According to the Government, as a result of raising the minimum wage, the gender pay gap may decrease to a certain extent, based on the fact that the employment of women in low-paid jobs is higher. The Committee welcomes this information. It observes however the absence of information on the draft Act on the establishment of the methodology for determining the minimum wage. The Committee encourages the Government to apply the principle of the Convention in the methodology used for determining the minimum wage as well as when revising the national minimum wage. The Committee also asks the Government to provide information on any assessment made of the impact of the increased minimum wage on the wages of women and the gender pay gap.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that, in 2018 a system of evaluation and classification of civil service positions was introduced based on five evaluation criteria, such as: the level of responsibility for organizing and directing the work; the authority or powers for making decisions; the impact of activities; the level of contacts and representation; the complexity of problems and their solutions.

Regarding the private sector, the Government indicates that there is no system of job evaluation. The Committee wishes to draw the Government’s attention to the job evaluation already undertaken in the public sector to build upon it. It recalls that in the public sector, the job evaluation is based on five job factors: level of responsibility; the authorities or powers for making decisions; the impact of activities; the level of contacts and representation; the complexity of the faced problems and their solutions. The Committee encourages the Government to take the necessary steps, in consultation with the social partners, to promote the adoption and the use of objective job evaluation methods in the private sector and to provide information on any measures taken in this regard. It also asks the Government to indicate how it is ensured that such methods and criteria are exempt from any gender bias and do not give rise, in practice, to an under-evaluation of jobs mainly occupied by women.

Enforcement. With reference to its previous comments, the Committee notes that following the Labour Code amendment in 2009 and the adoption of Ministerial Decision No. 1121-L of 2020, the Health and Labour Inspection Body and a labour legislation control department were established. The Committee asks the Government to provide information on: (i) any proactive measures taken to raise awareness of the meaning and scope of the principle of equal remuneration for men and women for work of equal value among law enforcement officials and (ii) the number, nature and outcome of any cases of pay inequality between men and women dealt with by the labour inspectors, the courts or any other competent authority.

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

Previous comment

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee notes with regret that the Government did not seize the opportunity of the revision of the Labour Code in September 2019 and May 2023 to bring section 178 of the Labour Code in full conformity with the principle of the Convention that is to include the concept of work of equal value in its legislation. It wishes to stress once again that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for women and men for work of equal value as it permits a broad scope of comparison, including, but going 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 (see the 2012 General Survey on the fundamental Conventions, paragraph 673). The Committee further draws the Government’s attention to the fact that “work of equal value” for women and men can: (1) be performed under different working conditions; (2) require different qualifications or skills; (3) require different levels of effort; and (4) involve different responsibilities. When determining the value of jobs, while examining different jobs, the value does not have to be the same with respect to each factor. Determining the value is about the overall value of the job when factors such as working conditions, qualifications or skills, effort and responsibilities are considered together. The Committee therefore stresses the importance of assessing the “value” – that is, namely the worth of a job for the purpose of determining remuneration – through objective job evaluation, which is used to establish classification of jobs and the corresponding salary scales without gender bias. The Committee asks the Government to: (i) take the necessary steps to give full legislative expression and effect to the principle of equal remuneration for men and women for work of equal value set out in the Convention; and (ii) ensure that the determination of work of equal value is based on objective job evaluation, using criteria such as qualifications and skills, responsibility, efforts and conditions of work.

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

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

Articles 1 and 2 of the Convention. Gender pay gap. The Committee welcomes the statistics provided by the Government on the average monthly wage by economic sector, and notes that in all economic sectors, the average monthly wages of women are lower than those of men. The Committee also notes that, according to the 2014 Report on Men and Women in Armenia of the National Statistical Service, women’s average monthly wage represented 91.4 per cent of men’s in agriculture in the period 2012–13; 80.8 per cent in education; 65 per cent in health care and social services; 66.2 per cent in manufacturing; and 59.9 per cent in financial and insurance activities. The Committee further notes that, there were 607,500 employed men and 556,300 women; and 101,900 unemployed men and 122,700 women. The Committee notes, however, that the Government does not provide information in relation to specific measures taken to address the gender pay gap. The Committee once again asks the Government to provide information on the measures taken or envisaged to reduce the persistent gender pay gap in all sectors of the economy, including measures taken to address its underlying causes such as vertical and horizontal occupational gender segregation. The Committee also asks the Government to continue to provide updated statistical information on the earnings of men and women disaggregated by sex, economic activity and occupation in the public and private sectors in order to assess the progress made in reducing the pay gap.

Articles 2 and 4. Determination of minimum wage rates, collective agreements and cooperation with workers’ and employers’ organizations. In its previous comments, the Committee asked the Government to take measures to ensure that the principle of the Convention is taken into account in the minimum wage fixing process, and to provide information on any developments, with respect to wage policy, minimum wages and remuneration in the public service. It encouraged the Government to organize awareness-raising activities on the principle of the Convention among members of the Republican Tripartite Commission, and workers’ and employers’ organizations. The Committee notes that the Government indicates in its report that according to the 2015 Workplan of the Ministry of Labour and Social Affairs, a draft Act on the establishment of the methodology of determining the minimum wage was going to be prepared and discussed with the social partners. The Government refers to the adoption of the Action Plan for the gradual increase of the minimum wage in 2013, which provides for an increase of the minimum wage from 45,000 Armenian drams (AMD) in 2013 to AMD50,000 in 2014. In this regard, the Government indicates that as a result of the increased minimum wage, the gender pay gap related to the extensive participation of women in low-paying sectors and in low-ranking positions may be reduced. In relation to the awareness-raising activities relating to the concept of “work of equal value” among social partners, the Committee notes the Government’s indication that a collective agreement on further cooperation was being prepared, which foresaw for the adoption of measures directed at raising awareness about the concept of “equivalent work”. The Committee recalls that the concept of “equivalent work” is narrower than the principle set out in the Convention. The Committee asks the Government to ensure that the draft Act on the establishment of the methodology for determining the minimum wage once adopted takes into account the principle of the Convention and in particular, that rates for female-dominated occupations are not set below the level of rates for male-dominated occupations involving work of equal value. It also asks the Government to continue to provide information on any developments, in cooperation with workers’ and employers’ organizations, with respect to wage policy, minimum wages and remuneration in the public service. It encourages the Government to organize awareness-raising activities to promote the principle of the Convention, in particular, the concept of “work of equal value” among members of the Republican Tripartite Commission, as well as workers’ and employers’ organizations.

Application of the principle in the public sector. In its previous comments, the Committee asked the Government to indicate how it is ensured that the criteria used to determine the remuneration scales in the public administration are free from gender bias and that male and female civil servants have access to additional payments on an equal footing. It also asked the Government to take steps so that the principle of the Convention is included explicitly in the Law on the Public Service of 26 May 2011. The Committee notes from the statistics provided by the Government that 58.1 per cent of the workers in the public sector were men and 41.9 per cent women in 2013; and that the number of women in management positions in the public sector was very limited compared to the number of men. The Committee further notes the Government’s indication that Law No. HO-157-N of 12 December 2013 on Remuneration of Persons Holding Public Office, as amended on 1 December 2014, provides that “community officers occupying positions of the same community service of the relevant staff have a right to equal wage rate” (section 27). The Committee recalls that the fact that a system of remuneration is based on a classification of jobs established by law and does not formally distinguish between men and women, does not prevent indirect discrimination. Discrimination can occur when access for men and women to additional payments is unequal for work of equal value or it can be due to the manner in which the classification of jobs itself was established, the tasks performed mainly by women often being undervalued in comparison to the tasks traditionally performed by men. Finally, the Committee notes that the Government does not provide information in relation to the inclusion of the principle of the Convention in the Law on the Public Service. The Committee once again asks the Government to indicate how it is ensured that the criteria used to determine the remuneration scales in the public administration are free from gender bias and that male and female civil servants have access to additional payments on an equal footing. It also once again asks the Government to take steps so that the principle of the Convention is included explicitly in the Law on the Public Service of 2011. The Committee asks the Government to continue to provide data, disaggregated by sex, on the distribution of men and women in the various categories and positions of the civil service with their corresponding levels of earnings.

Article 3. Objective job evaluation. The Committee recalls its comments relating to the use of objective job evaluation methods, and the role of the social partners in promoting, developing and implementing such methods. Regarding the job evaluation in the framework of the reform of the public service remuneration system, the Committee notes the Government’s indication that, according to the new compensation model set out by Law No. HO-157-N of 12 December 2013, the basic wage in the public sector depends on the scope and degree of responsibilities set for the particular position. The main salary is determined by the multiplier of the base salary and coefficient set for the particular position, and the additional salary is set for certain working conditions as stipulated by the abovementioned law. The Government further indicates that a compensation system for non-specialized workers, such as technical supporters and civil workers, was established specifying a coefficient for determining the basic salary for each position in the remuneration system, which excludes the possibility of a wage differentiation for the same work accomplished by different people. While noting the Government’s explanation regarding the methods and the procedure used to assess the value of work, the Committee asks the Government to indicate the measures taken in practice to encourage the use of such methods and procedures in both the private and the public sectors and to provide information on any job evaluation which was undertaken, and the outcome thereof.

Enforcement. The Committee notes the Government’s indication that, following the amendment of the Labour Code in 2014 and the adoption of the Law on the State Labour Inspectorate which entered into force in January 2015, section 34 of the Labour Code and the previous Law on the State Labour Inspectorate are no longer in force. The Government indicates that consequently the implementation of the labour legislation is not supervised, and that no institution is available to carry out awareness-raising activities relating to discrimination. The Committee refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), concerning the importance of establishing accessible and effective complaint mechanisms, procedures and remedies for victims of discrimination. Noting that the Human Rights Defender receives complaints concerning discrimination in employment and occupation, the Committee asks the Government to provide information on the number of complaints addressed to this institution referring to the principle of the Convention or to the relevant provisions under the Labour Code and the outcome of such complaints, including any judgments on this matter.

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

Article 1 of the Convention. Work of equal value. Legislation. In its previous comments, the Committee asked the Government to amend section 178(2) of the Labour Code of 2004, which provides for “equal pay for the same or equivalent work”, in order to give full legislative expression to the principle of the Convention, and to confirm that it applies to both basic salary and additional payments. The Committee welcomes that, pursuant to the amendment of the Labour Code in 2014, section 178(3) now states that “the salary shall comprise the basic salary and all additional salary paid by the employer to the employee for the performed work”. However, the Committee notes that section 178(2) still only provides for “equal pay for the same or equivalent work”. The Committee further notes the adoption on 20 May 2013 of Law No. HO-57-N on ensuring the equal rights of and equal opportunities for women and men, prohibiting different remuneration for the same or similar work, any change of salary (increase or decrease) or deterioration of employment conditions on the ground of sex (section 6(2)), which is narrower than the principle of equal remuneration for men and women for work of equal value set out in the Convention. The Committee recalls that the concept of “work of equal value” permits a broad scope of comparison, including, but going 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 (see 2012 General Survey on the fundamental Conventions, paragraphs 672–675). Noting that section 178(2) of the Labour Code and section 6(2) of Law No. HO-57-N on ensuring the equal rights of and equal opportunities for women and men contain provisions that are narrower than the principle laid down by the Convention, the Committee asks the Government to take steps to amend these sections in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, so as to address situations where men and women perform not only the same or equal work but also different work that is nevertheless of equal value. The Committee asks the Government to provide information on the steps taken in this regard.

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

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

Gender pay gap. The Committee welcomes the statistics provided by the Government on the average monthly wage by economic sector, according to which in all economic sectors, the average monthly wages of women are lower than those of men, and all sectors being considered the overall gender pay gap amounted to 35.9 per cent in 2010 (42 per cent in 2008). The Committee notes that women’s average monthly wages represented 83.8 per cent of men’s in agriculture; 81.3 per cent in education; 75.1 per cent in health care and social services; 67.9 per cent in public administration; 63.2 per cent in manufacturing; and 54.9 per cent in financial and insurance activities. The Committee asks the Government to provide information on the measures taken or envisaged to reduce the persistent gender pay gap in all sectors of the economy, including measures taken to address its underlying causes such as vertical and horizontal occupational segregation. It also requests the Government to continue to provide updated statistical information on the earnings of men and women disaggregated by sex, economic activity and occupation in the public and private sectors in order to assess the progress made in reducing the pay gap.

Articles 2 and 4. Determination of minimum wage rates, collective agreements and cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that in recent years, provisions regarding minimum wages have been included in almost all collective agreements. It also notes that no progress was made on amending the Law on the Minimum Monthly Wage, however issues relating to remuneration were discussed within the Republican Tripartite Commission in April 2011. The Committee notes the Government’s indication that, as a result of the discussion the tripartite Committee decided to establish the necessary legal grounds to determine the minimum wage rate and to request the technical assistance of the ILO to conduct a comprehensive study on wages in Armenia with a view to drafting and submitting a reform package on wage policy, including minimum wages, and to improve the system of remuneration in the public service. The Committee asks the Government to take the necessary measures to ensure that the principle of the Convention is taken into account in the minimum wage fixing process and in particular, that rates for female-dominated occupations are not set below the level of rates for male-dominated occupations involving work of equal value. The Committee also asks the Government to provide information on any developments, in cooperation with workers’ and employers’ organizations, with respect to wage policy, minimum wages and remuneration in the public service. It encourages the Government to organize awareness-raising activities of the principle of the Convention, in particular on the concept of “work of equal value” among members of the Republican Tripartite Commission, and workers’ and employers’ organizations.

Application of the principle in the public sector. The Committee notes from the statistics provided by the Government that in the public sector, 90.2 per cent of the highest positions and 59.9 per cent of managerial positions are occupied by men, whereas 68.6 per cent of junior positions are held by women, and women’s average monthly wages represent 67.9 per cent of men’s average monthly wages in the public administration (including “defense and compulsory social security”). The Committee also notes the adoption on 26 May 2011 of the Law on Public Service which according to the Government’s report, provides for the right to receive the amount of remuneration provided by the law without any discrimination, but does not seem to incorporate the principle of equal remuneration for men and women for work of equal value. The Committee recalls that the fact that a system of remuneration is based on a classification of jobs established by law and does not formally distinguish between men and women, does not prevent indirect discrimination. Discrimination can occur when access for men and women to additional payments is unequal for work of equal value or it can be due to the manner in which the classification of jobs itself was established, the tasks performed mainly by women often being undervalued in comparison to the tasks traditionally performed by men. The Committee once again asks the Government to indicate how it is ensured that the criteria used to determine the remuneration scales in the public administration are free from gender bias and that male and female civil servants have access to additional payments on an equal footing. It also asks the Government to take steps so that the principle of the Convention is included explicitly in the Law on the Public Service. Please continue to provide data, disaggregated by sex, on the distribution of men and women in the various categories and positions of the civil service with their corresponding levels of earnings.

Article 3. Objective job evaluation. The Committee recalls that the Labour Code provides that the employee’s salary shall depend on the qualification of the employee, working conditions, quality, amount and complexity of work (section 178(4)). The Committee notes that section 178(4) can assist in applying the principle of equal remuneration for men and women for work of equal value in so far as it enables the employer to evaluate the job on the basis of the tasks performed or to be performed, using objective criteria. The Committee recalls that whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. It further recalls that often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (General Survey on the fundamental Conventions, 2012, paragraph 701). Recalling the importance of promoting the use of objective job evaluation methods in order to establish whether different jobs are of equal value and thus entitled to equal remuneration in compliance with the provisions of the Convention, the Committee asks the Government to provide information on any steps taken to promote such methods. It once again asks the Government to indicate the role of the social partners in promoting, developing and implementing practical approaches and methods for the objective evaluation of jobs with a view to effectively applying the principle of equal remuneration for men and women for work of equal value, including within the Republican Tripartite Commission, and encourages the Government to develop and use an objective method of job evaluation in the framework of the foreseen reform of the public service remuneration system.

Enforcement. The Committee notes that from 2008 to 1 May 2012, no complaints regarding the violation of the principle of equal remuneration for men and women for work of equal value have been registered. The Committee recalls its previous comments that the absence of complaints is likely to indicate a lack of awareness of the rights, a lack of confidence in or absence of practical access to procedures, or fear of reprisals, and does not necessarily mean that the Convention and the national legislation are effectively applied. The Committee asks the Government to take steps to raise awareness among workers, employers and their organizations as well as labour inspectors, judges and other public officials of the principle of equal remuneration for men and women for work of equal value and provide information on any measures taken in this respect. Please continue to provide information any action taken to remedy any violations detected or brought to the attention of the labour inspectors regarding unequal remuneration discrimination and on any administrative and judicial decisions applying the principle of the Convention.

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

Article 1 of the Convention. Legislation. Equal remuneration for work of equal value. The Committee recalls that in its previous comments it pointed out that different terms, such as “wage”, “remuneration”, “pay” and “salary” were used throughout section 178 of the Labour Code concerning wages. The Committee notes that section 178(3) provides that “‘wage’ shall comprise the basic salary and all additional payments paid by the employer to the employee in any way for the work performed”, and that it appears to be in line with the definition of “remuneration” provided in Article 1(a) of the Convention. The Committee understands from the Government’s indication that “additional payments”, such as bonuses and incentives, are paid for work in particular working conditions or depend on the professional qualifications of the worker. The Committee recalls however that section 178(2) of the Labour Code, which provides for “equal pay for the same or equivalent work” between men and women, does not reflect fully the principle of equal remuneration for men and women for work of equal value. It recalls that, due to stereotypical attitudes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. The concept of “work of equal value” is fundamental to tackling this occupational sex segregation in the labour market because it permits a broad scope of comparison, going beyond the “same” or “equivalent” work, and also encompassing jobs that are of an entirely different nature, but which are nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraphs 672–675). The Committee asks the Government to confirm that section 178(2) of the Labour Code which provides for “equal pay for the same or equivalent work” applies to both basic salary and additional payments, as defined by section 178(3). Moreover, noting that section 178(2) of the Labour Code contains provisions that are narrower than the principle laid down by the Convention, the Committee asks the Government to take steps to amend this section in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, so as to address situations where men and women perform different work that is nevertheless of equal value. The Committee asks the Government to provide information on the steps taken in this regard.

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

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

Article 2. Determination of minimum wage rates, and collective agreements. The Committee notes the Government’s indication that a draft law to amend the Law on the Minimum Monthly Wage has been submitted to the Confederation of Trade Unions and the Republican Union of Employers in order to be discussed and submitted for discussion to the Tripartite Commission. The Government indicates that no collective agreements setting minimum wages have been concluded. The Committee notes that following the amendments to the Labour Code, section 180(2.1) still provides for the setting of minimum wages by collective agreements. The Committee asks the Government to provide information on the progress in the process of amending the Law on the Minimum Monthly Wage, and how the principle of equal remuneration for men and women for work of equal value is being reflected in this process. The Committee also asks the Government to provide information on any collective agreements that reflect the principle of the Convention.

Application in the public sector. The Committee notes the Government’s indication that civil servants’ wages are determined based on a list of wage tariff scales, set annually by the Government, which divides the civil service into 11 sub-groups and sets four types of positions in the civil service: highest, head, senior and junior. The Committee also notes the Government’s indication that there are different average rates of remuneration within certain branches of the public sector, including in the civil, judicial and special civil service. The Committee asks the Government to indicate how it is ensured that the criteria used to determine the wage tariff scales are free from gender bias. The Committee asks the Government to provide statistical data, disaggregated by sex, on the distribution of men and women in the various subgroups and positions of the civil service with their corresponding levels of earnings.

Gender wage gap. The Committee recalls its previous comments noting the Government’s statement that the rate of remuneration for women was 39 per cent of that of men’s which was mainly due to vertical and horizontal segregation and discrimination in the labour market. The Committee notes that in its concluding observations, the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) expressed serious concern about the persistence of both vertical and horizontal gender segregation within the labour market, the persistence of the wage gap, the lack of understanding of the concept of wage gap, as well as the low representation of women in top management positions and on boards of private companies (CEDAW/C/ARM/CO/4/Rev.1, 2 February 2009, paragraph 32). The Committee notes that according to the National Statistical Service, in 2008 the average wage gap between men and women was 51.8 per cent (Women and Men in Armenia, Statistical Booklet, 2009, page 93). The Committee asks the Government to take measures in order to address the high gender wage gap, including measures to address the vertical and horizontal sex segregation in the labour market, with a view to ensuring women’s access to a wider range of jobs including higher paying positions. The Committee also asks the Government to provide disaggregated statistics on the representation of women and men in the public and private sectors and on their remuneration, in order to assess progress made in eliminating the gender wage gap.

Article 3. Objective job evaluation methods. The Committee notes CEDAW’s concluding observations of 2009, in which the Government was urged to ensure that job evaluation systems based on gender-sensitive criteria be developed with the aim of closing the existing wage gap between men and women and implementing pay equity (ibid., paragraph 33). The Committee notes the draft amendment to section 178(4) of the Labour Code providing that “the employee’s salary shall depend on the qualification of the employee, work conditions, quality, amount and complexity of work” has been adopted, although the draft section 180(3) which referred to a system for the qualification or assessment of work and the application of criteria without gender discrimination, was not adopted. The Committee asks the Government to provide information on the practical application of section 178(4) of the Labour Code with respect to objective job evaluation methods and to indicate the role of the social partners in promoting, developing and implementing practical approaches and methods for the objective evaluation of jobs with a view to effectively applying the principle of equal remuneration for men and women for work of equal value.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that the Government has signed the Republican Collective Agreement, on 29 April 2010, establishing that the social partners shall discuss draft legislation on wage determination within the Tripartite Commission. The Committee asks the Government to provide information on the progress of the discussions and recommendations within the Tripartite Commission regarding wage determination, and encourages the parties to ensure that all wage determination methods incorporate the principle of equal remuneration for men and women for work of equal value.

Parts III and V of the report form. The Committee notes that no complaints regarding the violation of the principle of equal remuneration for men and women for work of equal value have been registered. The Committee recalls that the absence of complaints is likely to indicate a lack of awareness of the rights, a lack of confidence in or absence of practical access to procedures, or fear of reprisals, and does not necessarily mean that the Convention and the national legislation are effectively applied. The Committee asks the Government once again to provide information on labour inspections undertaken, and any action taken to remedy any violations detected or brought to the attention of the labour inspectors regarding wage discrimination or unequal remuneration between men and women. The Committee asks the Government to provide information on any administrative and judicial decisions applying the principle of the Convention.

Part V of the report form. The Committee asks the Government to continue to provide information, including statistical data disaggregated by sex, studies, surveys or reports that may enable the Committee to assess how the principle of equal remuneration for men and women for work of equal value is applied in practice, and how progress is being made in addressing existing inequalities in remuneration between men and women.

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

Article 1 of the Convention. Legislation. Equal remuneration for work of equal value. The Committee notes the amendments of 24 June 2010 to the Labour Code, and the Government’s indication that the Law on Remuneration of 2001 has been repealed. In response to the Committee’s previous comments regarding uncertainty in the meaning of the concepts of “salary”, “wage”, “remuneration” and “payments”, the Government indicates that the terms “payments for work” are defined by the concept of “wage” which according to the Government, fully corresponds to Article 1(a) of the Convention. The Government also indicates that although the Labour Code does not enumerate in an exhaustive manner what is included in the term “wage”, various public services define the elements included in “wages” in their specific legislation. The Committee also notes that in the amendments to the Labour Code, “salary” is defined as being “remuneration paid to the worker against the performed work defined by the law, other legal acts of the labour contract” (section 178). The Committee notes that no amendments have been made to section 172 of the Labour Code and therefore recalls its previous comments in which it noted that section 172(2) of the Labour Code, providing for equal pay for the same or equivalent work between men and women did not reflect fully the principle of “work of equal value” which also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. The Committee asks the Government to take the necessary steps to include a clear definition of remuneration in the Labour Code, particularly ensuring that it includes any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment as provided in Article 1(a) of the Convention. The Committee also asks the Government to take steps in order to include a provision in legislation specifically providing for equal remuneration for men and women for work of equal value, thus allowing for comparisons beyond the same or similar work.

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

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

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 1(a) of the Convention. Definition of remuneration. The Committee notes that section 178(3) of the Labour Code, 2004 defines wage as comprising the basic salary and all additional payments paid by the employer to the employee for the work performed. It also notes that section 178 and subsequent sections under Chapter 19 on wages refer alternatively to “remuneration”, “wage”, “salary” and “pay”. Pursuant to section 1 of the Act of the Republic of Armenia on Remuneration, 2001, remuneration is the monetary or other kind of payment determined by the legislation of the Republic of Armenia payable by the employers to the workers for the work performed. The Committee recalls that for the purposes of the Convention, Article 1(a) defines remuneration as “the ordinary, basic, minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. Noting that the Labour Code, 2004, is being revised, the Committee asks the Government to ensure that no uncertainty exists as to the distinct meaning of the concepts of “salary”, “wage”, “remuneration” and “payments”, and in particular to clarify whether the definition of “wage” in section 178(3) and the word “pay” in section 178(2) are meant to cover all elements of remuneration set out in Article 1(a) of the Convention.

Article 1(b). Equal remuneration for work of equal value. The Committee notes that according to article 32 of the Constitution each worker has a right to remuneration and that according to section 178(2) of the Labour Code men and women shall get equal pay for the same or equivalent work. The Committee notes, however, that the Government in its report refers to the same or equal remuneration for the same work or work of equal value. The Committee recalls its general observation of 2006 on this Convention in which it clarified that “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, but which is nevertheless of equal value. Noting that the Labour Code, 2004, is being revised the Committee asks the Government to take the opportunity to ensure that the amended version of the Labour Code will explicitly provide not only for equal remuneration for men and women for the same, similar or equal work but also for work of equal value within the meaning of Article 1(b) of the Convention and as explained in its general observation of 2006. The Committee also asks the Government to indicate whether, under the legislation in force, equal pay claims can be brought using as a comparator a person of the opposite sex who performs work involving different skills, duties, responsibilities and conditions, but which is nevertheless considered to be of equal value.

Article 2. Determination of rates of remuneration in minimum wages and collective agreements. The Committee notes that section 3(1)(3) of the Labour Code, 2004 provides for equality in working relations on the basis of sex, and that section 7(6) of the Act on Remuneration, 2001, prohibits discrimination in remuneration on the basis of sex. The Committee further notes that the conditions of remuneration for work as well as the regulation mechanisms for remuneration can be set by collective agreements, and that pursuant to section 179 of the Labour Code, 2004, minimum monthly wages shall be determined by law and rates of minimum wages can be established for certain branches of the economy and categories of workers. The Committee recalls that the minimum wage is a significant means of ensuring the application of the Convention. It further recalls the importance of promoting a framework of equality when wages are set by collective agreements and providing guidance in this regard as needed. The Committee asks the Government to indicate the method applied to ensure that remuneration established in collective agreements and minimum wage legislation is determined in accordance with the principle of equal remuneration of men and women for work of equal value. Please provide copies of the legislation setting minimum wages at branch level and for certain categories of workers, and forward examples of collective agreements indicating the manner in which they apply the principle, as well as an indication of the number of men and women covered by these collective agreements and minimum wages.

Application in the public service. The Committee notes that section 5 of the Act on Remuneration of Civil Servants of 2002 prohibits sex discrimination of civil servants with respect to remuneration. In the absence of any further information in the Government’s report, the Committee asks the Government to specify how rates of remuneration are being determined for civil service employees and to provide statistical data, disaggregated by sex, on the distribution of men and women in the various categories and occupations of the civil service with their corresponding levels of earnings.

Wage gap. The Committee notes the statistics on the average monthly remuneration by sex and occupation for 2003–04, and notes the Government’s analysis that leaving aside educational levels and individual qualifications, women are facing indirect and direct discrimination in remuneration. The Committee also notes the Government’s statement that the average rate of remuneration for women is 39 per cent of that of men’s, which is mainly due to the vertical and horizontal segregation and discrimination in the labour market. Furthermore, between 1995 and 2005 the number of employed women has decreased in those branches where remuneration has been relatively high; women also predominate in the less remunerated occupations of the government sector. According to the Government, women are being gradually excluded from the economic branches where remuneration is comparatively high and are moving to branches where remuneration is low, such as the health, education and culture sectors. The underlying causes of this trend appear to be employers’ preference to hire men and the difficulties faced by women in combining work and family responsibilities, especially when seeking employment in the more profitable branches and occupations. The Committee thanks the Government for its analysis of the extent and nature as well as the underlying causes of the remuneration gap between men and women in the public and private sectors, but has to express some concern over the very high remuneration gap between men and women. The Committee therefore hopes that the Government will make all the necessary efforts to address the indirect and direct discrimination in remuneration against women and the underlying causes of the vertical and horizontal segregation of women in the labour market, as well as the effect of such segregation on the disparities in remuneration between men and women. The Government is asked to report on the progress made in this regard in its next report.

Article 3. Objective job evaluation methods. The Committee notes that the draft amendment to section 178(4) of the Labour Code, 2004, provides that the “wage of an employee shall depend on the qualification of the employee, conditions, quality, amount and complexity of the work”, whereas the current provision refers to the “amount and the quality of the work, as well as the results of the activities of the organization and the labour market demand”. The Committee further notes that section 180(3), as well as its proposed amendment, refer to a system for the qualification or assessment of work and the application of criteria without gender discrimination. The Committee welcomes the draft amendments which appear to envisage that wages are to be determined on the basis of objective criteria relating to the work performed, without discrimination based on sex. The Committee asks the Government to provide additional information in its next report on the measures taken, in cooperation with employers’ and workers’ organizations, to promote, develop and implement practical approaches and methods for the objective evaluation of jobs with a view to effectively applying the principle of equal remuneration for men and women for work of equal value in both the public and private sectors. Please also keep the Committee informed of the progress made in the amendment of the Labour Code.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee asks the Government to indicate in its next report what steps have been taken to cooperate with employers’ and workers’ organizations to promote and ensure the application of the principle of the Convention, and what results have been obtained from such cooperation.

Parts III and V of the report form. The Committee notes that, pursuant to sections 33 and 34 of the Labour Code, 2004, the labour inspectorate is responsible for supervising the labour legislation and collective agreements. The Committee asks the Government to provide information on the manner in which the competent national authorities are ensuring the enforcement of the principle of equal remuneration for men and women for work of equal value. In this regard, please provide information on labour inspections undertaken, the number and nature of violations of the principle of equal remuneration discovered by the inspections, and the actions taken to remedy said violations. The Committee also invites the Government to provide information on any administrative and judicial decisions applying the principle of the Convention.

Part V of the report form. The Committee asks the Government to continue to provide information, including statistical data disaggregated by sex, studies, surveys or reports that may enable the Committee to assess how the principle of equal remuneration for men and women for work of equal value is applied in practice, and how progress is being made in addressing existing inequalities in remuneration between men and women.

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

The Committee notes the Government’s first report, including the statistics on the average monthly remuneration according to sex and branch of industry.

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that section 178(3) of the Labour Code, 2004 defines wage as comprising the basic salary and all additional payments paid by the employer to the employee for the work performed. It also notes that section 178 and subsequent sections under Chapter 19 on wages refer alternatively to “remuneration”, “wage”, “salary” and “pay”. Pursuant to section 1 of the Act of the Republic of Armenia on Remuneration, 2001, remuneration is the monetary or other kind of payment determined by the legislation of the Republic of Armenia payable by the employers to the workers for the work performed. The Committee recalls that for the purposes of the Convention, Article 1(a) defines remuneration as “the ordinary, basic, minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. Noting that the Labour Code, 2004, is being revised, the Committee asks the Government to ensure that no uncertainty exists as to the distinct meaning of the concepts of “salary”, “wage”, “remuneration” and “payments”, and in particular to clarify whether the definition of “wage” in section 178(3) and the word “pay” in section 178(2) are meant to cover all elements of remuneration set out in Article 1(a) of the Convention.

2. Article 1(b). Equal remuneration for work of equal value. The Committee notes that according to article 32 of the Constitution each worker has a right to remuneration and that according to section 178(2) of the Labour Code men and women shall get equal pay for the same or equivalent work. The Committee notes, however, that the Government in its report refers to the same or equal remuneration for the same work or work of equal value. The Committee recalls its general observation of 2006 on this Convention in which it clarified that “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, but which is nevertheless of equal value. Noting that the Labour Code, 2004, is being revised the Committee asks the Government to take the opportunity to ensure that the amended version of the Labour Code will explicitly provide not only for equal remuneration for men and women for the same, similar or equal work but also for work of equal value within the meaning of Article 1(b) of the Convention and as explained in its general observation of 2006. The Committee also asks the Government to indicate whether, under the legislation in force, equal pay claims can be brought using as a comparator a person of the opposite sex who performs work involving different skills, duties, responsibilities and conditions, but which is nevertheless considered to be of equal value.

3. Article 2. Determination of rates of remuneration in minimum wages and collective agreements. The Committee notes that section 3(1)(3) of the Labour Code, 2004 provides for equality in working relations on the basis of sex, and that section 7(6) of the Act on Remuneration, 2001, prohibits discrimination in remuneration on the basis of sex. The Committee further notes that the conditions of remuneration for work as well as the regulation mechanisms for remuneration can be set by collective agreements, and that pursuant to section 179 of the Labour Code, 2004, minimum monthly wages shall be determined by law and rates of minimum wages can be established for certain branches of the economy and categories of workers. The Committee recalls that the minimum wage is a significant means of ensuring the application of the Convention. It further recalls the importance of promoting a framework of equality when wages are set by collective agreements and providing guidance in this regard as needed. The Committee asks the Government to indicate the method applied to ensure that remuneration established in collective agreements and minimum wage legislation is determined in accordance with the principle of equal remuneration of men and women for work of equal value. Please provide copies of the legislation setting minimum wages at branch level and for certain categories of workers, and forward examples of collective agreements indicating the manner in which they apply the principle, as well as an indication of the number of men and women covered by these collective agreements and minimum wages.

4. Application in the public service. The Committee notes that section 5 of the Act on Remuneration of Civil Servants of 2002 prohibits sex discrimination of civil servants with respect to remuneration. In the absence of any further information in the Government’s report, the Committee asks the Government to specify how rates of remuneration are being determined for civil service employees and to provide statistical data, disaggregated by sex, on the distribution of men and women in the various categories and occupations of the civil service with their corresponding levels of earnings.

5. Wage gap. The Committee notes the statistics on the average monthly remuneration by sex and occupation for 2003–04, and notes the Government’s analysis that leaving aside educational levels and individual qualifications, women are facing indirect and direct discrimination in remuneration. The Committee also notes the Government’s statement that the average rate of remuneration for women is 39 per cent of that of men’s, which is mainly due to the vertical and horizontal segregation and discrimination in the labour market. Furthermore, between 1995 and 2005 the number of employed women has decreased in those branches where remuneration has been relatively high; women also predominate in the less remunerated occupations of the government sector. According to the Government, women are being gradually excluded from the economic branches where remuneration is comparatively high and are moving to branches where remuneration is low, such as the health, education and culture sectors. The underlying causes of this trend appear to be employers’ preference to hire men and the difficulties faced by women in combining work and family responsibilities, especially when seeking employment in the more profitable branches and occupations. The Committee thanks the Government for its analysis of the extent and nature as well as the underlying causes of the remuneration gap between men and women in the public and private sectors, but has to express some concern over the very high remuneration gap between men and women. The Committee therefore hopes that the Government will make all the necessary efforts to address the indirect and direct discrimination in remuneration against women and the underlying causes of the vertical and horizontal segregation of women in the labour market, as well as the effect of such segregation on the disparities in remuneration between men and women. The Government is asked to report on the progress made in this regard in its next report.

6. Article 3. Objective job evaluation methods. The Committee notes that the draft amendment to section 178(4) of the Labour Code, 2004, provides that the “wage of an employee shall depend on the qualification of the employee, conditions, quality, amount and complexity of the work”, whereas the current provision refers to the “amount and the quality of the work, as well as the results of the activities of the organization and the labour market demand”. The Committee further notes that section 180(3), as well as its proposed amendment, refer to a system for the qualification or assessment of work and the application of criteria without gender discrimination. The Committee welcomes the draft amendments which appear to envisage that wages are to be determined on the basis of objective criteria relating to the work performed, without discrimination based on sex. The Committee asks the Government to provide additional information in its next report on the measures taken, in cooperation with employers’ and workers’ organizations, to promote, develop and implement practical approaches and methods for the objective evaluation of jobs with a view to effectively applying the principle of equal remuneration for men and women for work of equal value in both the public and private sectors. Please also keep the Committee informed of the progress made in the amendment of the Labour Code.

7. Article 4. Cooperation with workers’ and employers’ organizations. The Committee asks the Government to indicate in its next report what steps have been taken to cooperate with employers’ and workers’ organizations to promote and ensure the application of the principle of the Convention, and what results have been obtained from such cooperation.

8. Parts III and V of the report form. The Committee notes that, pursuant to sections 33 and 34 of the Labour Code, 2004, the Labour Inspectorate is responsible for supervising the labour legislation and collective agreements. The Committee asks the Government to provide information on the manner in which the competent national authorities are ensuring the enforcement of the principle of equal remuneration for men and women for work of equal value. In this regard, please provide information on labour inspections undertaken, the number and nature of violations of the principle of equal remuneration discovered by the inspections, and the actions taken to remedy said violations. The Committee also invites the Government to provide information on any administrative and judicial decisions applying the principle of the Convention.

9. Part V of the report form. The Committee asks the Government to continue to provide information, including statistical data disaggregated by sex, studies, surveys or reports that may enable the Committee to assess how the principle of equal remuneration for men and women for work of equal value is applied in practice, and how progress is being made in addressing existing inequalities in remuneration between men and women.