Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

1. The Committee notes the information provided in the Government's report and the attached statistical data on the average salary of men and women that show, as of October 1997, a considerable wage gap between men and women. This gap is wider in the public sector (with female professional workers earning 63 per cent of male professional workers, and female non-professional workers earning 64 per cent of their male counterparts) than in the private sector with corresponding figures of 66 per cent and 80 per cent, respectively. The Committee also notes that private sector earnings of professional women workers in certain areas, such as social work, and of non-professional women workers in railway transport and financial institutions are even less than 50 per cent of those of men. The Committee requests the Government to provide information on any measures taken or envisaged to decrease the wage gap between men and women, particularly in the public service. Noting the Government's statement in its report that the wage gap is influenced by the fact that men comprise the majority of management employees and perform more complex work that requires higher skills and qualifications, the Committee also requests the Government to supply information on any studies or surveys undertaken which have revealed more explicitly all the factors accounting for the wage gap and for the fewer numbers of women in management posts. It also requests the Government to indicate what measures have been taken to promote women in management and to higher skill positions.

2. In its previous direct request, the Committee noted various constitutional and legal provisions calling for equality or non-discrimination on a number of grounds, including sex, but it also drew the Government's attention to the fact that none of the provisions gives legal expression to the principle of equal remuneration between men and women for work of equal value. While the Government's report does not contain any further particulars in relation to this comment, the Committee notes that a draft Act of the Republic of Lithuania on Men's and Women's Equal Opportunities, containing provisions on equal rights of men and women, is currently being prepared and will be discussed with representatives of workers' and employers' organisations in the Tripartite Council. The Committee hopes that the provisions of this new Act will be in accordance with Article 1 of the Convention, and it would be grateful if the Government would keep it informed of the progress made in this regard. Please supply a copy of the new law upon its adoption.

3. Also with regard to Article 1, paragraph (a) of the Convention, the Committee wishes to return to its previous comment in which it had noted that no provisions of the Employment Compensation Act or any other legislation appear to be designed to ensure equal remuneration for men and women workers in respect of all components of the wage package. The Committee, therefore, again requests the Government to indicate the measures taken to ensure that the principle of the Convention is applied in respect of all emoluments whatsoever, payable directly or indirectly, by the employer to the worker.

4. Further to its previous comments in relation to the application of Article 2 of the Convention, the Committee had noted the provisions of the Collective Agreements Act, 1991, in particular section 6 on the determination of the wage package. The Committee notes the Government's statement that collective agreements need to be in conformity with the law and that the Government does not interfere in regulating collective agreements. Nevertheless, the Committee requests information on the methodology used by the social partners to evaluate and compare jobs, and thus classify posts and determine wage scales in collective agreements. Please attach copies of collective agreements in the next report.

5. With regard to the responsibility of the State Labour Inspectorate for supervising the implementation of the Convention, the Committee hopes that the Government will undertake the necessary efforts to provide, in its next report, more detailed information on the measures taken, including information on the number of violations reported and the penalties imposed. The Committee also encourages the Government to provide in future reports information on any decisions of courts or tribunals pertinent to the application of the Convention.

6. The Committee observes from the Government's report that the Government has suspended Act No. I-1581 of 9 October 1996 on the Basic Principles of Wage Payment for Leaders of State and the Government, Members of the Parliament, Employees of State Institutions and Organizations and of Self-Governing Institutions and Organizations, and approved a new draft Act on Remuneration for Work in the Service to the State that incorporates the provisions of Act No. I-1581. The Committee understands that this draft Act on Remuneration for Work in the Service of the State has been adopted, but requests the Government to confirm its adoption and to supply a copy of the Act. Considering the fact that Act No. I-1581 laid down a complete system of evaluation, classification and remuneration and that, according to the Government's report, all provisions of Act No. I-1581 have been transferred into the text of the new Act, the Committee wishes to repeat its previous request in relation to this new law and asks the Government to provide information on its application and on subsequent action taken to evaluate and classify the posts in question, including information on the criteria and methodology used to evaluate and compare different posts. Please also provide copies of the wage scales determined under the new Act together with, if possible, an indication of the percentage of men and women employed at different levels of these classifications.

7. The Committee hopes that the Government will continue to provide information on tripartite consultation and on any other action taken in cooperation with employers' and workers' organizations to ensure and promote the application to all workers of the principle of the Convention. Such action may include, for example, publicising in the workplace the commitment to equal pay for work of equal value, promoting an examination of job grades and job titles used in collective agreements and providing guidance and training in developing non-discriminatory evaluation schemes that take adequate account of factors more likely to be present in female jobs, factors which are often not identified and evaluated in traditional job evaluation schemes.