Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee recalls the observations of the Confederation of the Trade Unions of Albania (CTUA) of 30 September 2004 alleging the existence of disparities in respect of remuneration for men and women for work of equal value, both in the public and the private sectors. In the absence of a reply to its previous request, the Committee again asks the Government to indicate the measures taken or envisaged to promote and ensure equal remuneration for men and women for work of equal value in the public and private sectors, particularly in female-dominated branches of the economy. Please also provide statistical information on the earnings of women and men, disaggregated by sector, education level and occupational category.

Articles 1 and 2 of the Convention. Application in law and practice of the principle of equal remuneration. The Committee notes that in cases of violation of the principle of equal remuneration for work of equal value, section 115, item 4, of the Labour Code entitles the employee to the payment of a reward encompassing all the advantages that the employee of the other sex enjoys. Similarly, the Committee notes that, under the Law on an Equal Gender Society of 2004, the employer’s failure to observe the principle of equal remuneration is considered as a “discriminatory act” to be punished in accordance with section 16 of the Law which prescribes disciplinary, civil and administrative or criminal law sanctions in case of violation of its provisions. The Committee also notes that victims of discriminatory acts can bring a complaint before the People’s Advocate. The Committee asks the Government to provide detailed information on the application of section 115, item 4, of the Labour Code and section 16 of the Law on an Equal Gender Society in respect of the principle of equal remuneration for work of equal value. It also asks the Government to supply information on any cases involving the principle of the Convention which have been brought before the People’s Advocate and on their outcomes.

The Committee notes the Government’s indication that the principle of equal remuneration for work of equal value is regularly reflected in collective agreements. Nevertheless, in its report, the Government refers to equal remuneration for equal work when presenting the agreement signed between the Ministry of Education and Science and the Trade Union Federation of Education and Science of Albania (FSASH) and the Independent Trade Union of Education of Albania (SPASH). The Committee recalls that the Convention, although encompassing the basic principle of equal remuneration for equal work, also requires that equal remuneration be ensured to workers performing jobs of an entirely different nature but, nonetheless, of equal value, whether or not in the same enterprise. The Committee therefore asks the Government to clarify the scope of the collective agreement signed between the Ministry of Education and Science and the FSASH and SPASH and to supply a copy of it as well as of any other relevant collective agreements.

Recalling that section 4 of the Labour Code excludes from its application persons whose employment is regulated by other legislation, the Committee also reiterates its request for information on whether the Members of Peoples’ Assembly Act No. 7503 of 1998, and the Lawyers, Effective Assistance Lawyers, Prosecutors and Inquirers Act No. 7800 of 1994, contain any provisions regarding remuneration of employment, and again solicits the Government to provide copies of these texts. The Committee further asks the Government to indicate the applicable regulations regarding the salary structure in the civil service made under section 18 of the Civil Service Act No. 8549 of 1999.

Article 3. Objective job evaluation. Noting that under section 4 of the Law on an Equal Gender Society, employers are required to ensure that their workers receive equal remuneration for work of equal value, the Committee emphasizes that in order for this provision to be effectively implemented, it is crucial to promote objective job evaluation to establish whether different jobs are of equal value and thus entitled to equal remuneration in compliance with the provisions of the Convention. Referring to its 2006 general observation on the Convention, the Committee wishes to draw the Government’s attention to the fact that, when determining wage rates, historical attitudes towards the role of women in society can result in the undervaluation of “female jobs” in comparison with those traditionally performed by men. The Committee, therefore, encourages the Government to take steps to promote actively the development and use, at the enterprise level, of objective job evaluation methods that are free from gender bias as a means to determine remuneration in accordance with the principle of equal remuneration for men and women for work of equal value, and asks the Government to indicate any measures taken or envisaged in this regard.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes from the Government’s report that the cooperation with the social partners is ensured, at a general level, through their participation in the National Labour Council (NLC) and, more specifically, by means of the tripartite Commissions of Remunerations and Pensions and of Equal Opportunities. The Committee asks the Government to supply full information on the activities carried out by these bodies with a view to giving effect to the principle of the Convention.

Part IV of the report form. Judicial and other decisions. Noting that no decisions regarding the application of the principle of the Convention have so far been given by national courts, the Committee encourages the Government to take all necessary measures to foster public understanding of the concept of equal remuneration for work of equal value and to raise awareness among the workers of their right to equal remuneration and the remedies available to redress any violations which may occur in this respect.

Part V of the report form. General appreciation of the application of the Convention. In the absence of the information solicited in its previous direct request, the Committee reiterates its request for information on the outcome of the study on women’s unpaid work in agriculture and in the household. It also asks the Government to supply information on any relevant activities carried out by the inter-ministerial Committee on Gender Equality established under the Law on an Equal Gender Society as well as on the number and nature of violations detected by the labour inspectorate regarding the application of the Convention.