Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. Assessment of the gender remuneration gap. The Committee notes from the statistical information provided by the Government that the gender remuneration gap continues to persist despite the various measures taken by the Government and the social partners. As regards average gross hourly earnings, the gap amounted to 18 per cent in 2004 and 2005, while it remained stable at around 40 per cent as regards median annual earnings (full-time and part-time employees) for a number of years. The Committee asks the Government to continue to provide comparable statistical information on the earnings differentials between men and women. It also asks the Government to indicate any action taken to follow up on the proposal made by the Federal Chamber of Labour to establish a legal basis to allow for the compilation of monthly wage statistics disaggregated by sex.

2. Measures to promote equal remuneration for men and women for work of equal value. The Committee notes the information provided by the Government concerning the results of the development partnership KLARA! relating to equal remuneration for men and women for work of equal value, as well as the publication of an updated version of the guide “Equal remuneration for equal work and work of equal value”. The Committee asks the Government to provide information on the measures taken to follow up on these initiatives, in cooperation with social partners and other relevant stakeholders, in order to ensure that equal pay considerations become a permanent and systematic feature in the determination of remuneration in collective agreements and at the level of individual enterprises. Please indicate whether any evaluations have been undertaken on whether the recent initiatives have led to an increased use of objective job evaluation methods at the enterprise level or in the preparation of collective agreements and whether such use has contributed to reducing the gender pay gap.

3. The Committee further notes that among the gender equality measures under the Government’s programme for 2007–10 that are expected to contribute to the closing of the gender pay gap are, inter alia, the introduction of a minimum wage of 1,000 euros through collective bargaining and of additional pay for part-time workers doing overtime in order to compensate adequately for their high flexibility. The Committee asks the Government to provide information on the progress made in implementing these measures.

4. Application of the Convention’s principle beyond the enterprise level. The Committee recalls its general observation of 2006 in which it pointed out that the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise. It allows for a much broader comparison to be made between jobs performed by men and women in different places and enterprises, or between different employers. In this regard, the Committee notes that the European Committee of Social Rights concluded in June 2007 that where wage comparisons are only possible between employees of the same employer, this is not in conformity with article 4(3) of the European Social Charter. Recalling the importance of allowing for a broader scope of comparison particularly where women are concentrated in certain occupations and areas of activities, the Committee asks the Government to provide information on the measures taken or envisaged to address this matter, e.g. by allowing for the use of a hypothetical comparator in an equal pay case where a male employee performing work of equal value is not available within the enterprise. The Committee also asks the Government to provide examples of workplace or collective agreements that specifically address equal pay issues and to indicate whether any efforts are being made in the context of collective bargaining to compare the remuneration for female-dominated and male-dominated occupations across different collective agreements.

5. Enforcement of the legislation. The Committee notes the information provided by the Government concerning the rulings of the Supreme Court in two cases concerning remuneration (OGH 9 ObA 90/04g of 1 December 2004 and OGH 8 ObA 139/04f of 13 March 2005). The Committee asks the Government to continue to provide information on court decisions on equal remuneration for men and women for work of equal value, as well as to provide information on relevant decisions of the Equal Treatment Commission. It asks the Government to state whether there have been any cases in which it has been found that a system for the determination of remuneration at the enterprise level or in a collective agreement was not in line with section 11 of the Equal Treatment Act (No. 66/2006).