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Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Luxembourg (Ratification: 1967)

Autre commentaire sur C100

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1. Article 2 of the Convention. Application of the principle of equal remuneration. The Committee notes with interest the studies and activities carried out in the context of the project entitled "Equal pay - challenge for democratic and economic development", and the study to evaluate the impact of parental leave. Noting the importance of these studies, activities and statistics for enabling better promotion and application of the principles of the Convention, the Committee encourages the Government to continue to provide information on the implementation of the abovementioned project, and on its impact on pay differentials between men and women.

2. Part V of the report form. Application in practice. Referring to the studies carried out in the context of the abovementioned project, the Committee notes that the average hourly wage differential between men and women was 28 per cent in 2000 and that, of this 28 per cent, 16 per cent represented structural differences in employment for women and men, leaving 12 per cent of the differences unexplained. It also notes that women do not have the same types and levels of qualifications as men, that they are occupied in low-paid jobs, that they occupy only 22 per cent of managerial posts and that they represent only 16 per cent of the membership of boards of directors. The Committee also notes that, despite a positive trend, it is still mostly women who take parental leave, the effect of which is that they "return to their domestic tasks and are penalized in the job market". The Committee notes that the abovementioned studies emphasize, inter alia, the need to adopt a truly active policy for work for women and for achieving a better balance between family life and working life, to promote a fairer distribution of domestic, family and working time between men and women, to encourage the discarding of stereotypes and to promote education and vocational training. The Committee asks the Government to indicate the measures and activities which have been taken or contemplated to give effect to the abovementioned recommendations, including measures to encourage men to be more involved in family life, with a view to reducing structural differences between women’s and men’s work which are the root causes of pay differentials, and to provide information on the results obtained in practice.

3. Article 3. Objective appraisal of jobs. Noting that the qualitative study of the abovementioned project emphasizes the need for a clearer definition of the occupational profiles of employees and the usefulness of adopting an analytical system for job evaluation and classification for private sector undertakings, the Committee wishes to emphasize the importance of work evaluation systems based on non-sexist criteria. It would be grateful if the Government would provide information in its next report on the measures taken or contemplated in order to promote the use of objective and non-discriminatory means of job evaluation in the private sector.

4. Article 4. Collaboration of the social partners. The Committee notes the adoption of the Act of 30 June 2004 concerning collective labour relations, and in particular section 20(4)(4), which contains the obligation to negotiate "equality plans" with regard to employment and remuneration for framework agreements. The Committee would be grateful if the Government would provide information in its forthcoming reports on the adoption of these equality plans, including their impact on pay differentials, and to transmit copies of these plans. Recalling its previous comments, the Committee also asks the Government to indicate as far as possible in what manner "equality delegates" and joint committees ensure the application of equality plans in practice, in particular with regard to the principle of equal pay for men and women.

5. Part IV of the report form. Judicial decisions relating to the application of the Convention. The Committee notes with interest the report on national law and practice with regard to equal remuneration and asks the Government to continue to provide information on any legislative and judicial developments in this regard.

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