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

Gender pay gap. Recalling its previous comments on the very wide remuneration gap existing in the country, the Committee notes that the Government once again refers to the fact that such a situation exists because higher and better paid positions are usually held by men. The Committee notes from the Government’s report that vocational training programmes have been implemented with a view to improving the qualifications of the participants and their ability to compete in the labour market, and that 58 per cent of the participants in these programmes were women. The Committee further notes that the Statistics Department has no data on the distribution of men and women in the various grades or levels of responsibility and that the Government provided statistics on the average monthly nominal earnings disaggregated only by sector, and not by sex. The Committee asks the Government to continue to provide information on the measures taken or envisaged to address the remuneration gap between men and women. The Committee hopes that the Government will be in a position to provide in its next report full statistical information on the average earnings of men and women in the various sectors and occupations as far as possible, as set out in the Committee’s 1998 general observation.

Legislative developments. Noting the adoption of a new Labour Code in 2006, the Committee notes that the Government has not taken this opportunity to introduce in the legislation a specific provision setting out the principle of equal remuneration for men and women for work of equal value. The Committee also notes the Government’s indication that “for equal job men and women get an equal salary in private as well in public services”. In this regard, the Committee recalls its 2006 general observation on the principle of equal remuneration for men and women for work of equal value which stresses that the concept of “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. The full application of the principle of the Convention is essential in light of the sex segregation existing in the labour market. The Committee therefore asks the Government to give consideration to introducing in its legislation specific provisions giving full effect to the principle of the Convention and asks it to provide information in this regard.

Minimum wages. The Committee notes from the Government’s report that: (1) the minimum wage in the private sector is regulated by Order No. 351 of 4 June 1999; (2) the minimum wage of government employees is regulated by Order No. 43 of 24 January 2005; (3) the minimum wage of public employees in the local-governmental bodies and in the autonomous regions’ organs is regulated by Order No. 726 of 29 August 2005. The Committee reiterates its request to the Government to supply copies of the acts setting minimum wages.

Collective agreements. The Committee notes from the Government’s report that, pursuant to the Labour Code currently in force, employers’ and workers’ organizations are not obliged to register the collective agreements they sign. Moreover, the practice of signing collective agreements is not widespread in the country. Therefore, the Government is not in a position to provide copies of any collective agreements with its report. The Committee asks the Government to supply information on any developments which may occur in this regard as well as copies of the collective agreements which may be signed in the future.

Objective job appraisal. The Committee notes the Government’s indication that no general job evaluation method is provided for in the national legislation. The Committee wishes to remind the Government that in order to establish, in accordance with the Convention, whether different jobs are of equal value, there has to be an examination of the respective tasks involved. As envisaged in Article 3 of the Convention, the Government should therefore promote the development and use of methods for the objective evaluation of jobs based on criteria that are objective and free from gender bias (2006 general observation, paragraph 5). The Committee asks the Government to provide information on the measures taken in this regard.

Cooperation with social partners. Noting that the Government provided no information concerning cooperation with employers’ and workers’ organizations with a view to giving effect to the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to supply information on the initiatives taken in cooperation with the social partners to promote the principle of equal remuneration.

Enforcement. The Committee notes that no relevant cases concerning the right to equal remuneration were brought before national courts during the reporting period. With regard to labour enforcement of the principle of the Convention through labour inspection, the Committee notes that the 2006 Labour Code repealed Order No. 310/n of 16 November 2005 on the approval of the charter of the labour inspection. The Committee notes with concern the Government’s statement that “from 1 January 2006 there is no labour inspection anymore in Georgia”. The Committee asks the Government to indicate which authorities, if any, have replaced the labour inspectorate in ensuring respect for the principle of equal remuneration for men and women for work of equal value, and to provide information on the specific action taken by these authorities.