Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Articles 1 and 2 of the Convention. Legislation. The Committee notes the adoption of the Employment Contracts Act on 17 December 2008, which repeals the Wages Act and provides that employers shall ensure the protection of employees against discrimination, follow the principle of equal treatment and promote equality in accordance with the Equal Treatment Act and Gender Equality Act. The Committee further notes that, according to section 6(2)(3) of the Gender Equality Act, as amended on 24 September 2009, “the activities of an employer shall also be deemed to be discriminating if the employer establishes conditions for remuneration or conditions for the provision and receipt of benefits related to employment relationship which are less favourable regarding an employee or employees of one sex compared with an employee or employees of the other sex doing the same work or work to which equal value is attributed”. The Committee requests the Government to provide information on the application of the equal remuneration provisions of the Gender Equality Act in practice, indicating in particular how the expression “work to which equal value is attributed” is being defined or interpreted by the Gender Equality and Equal Treatment Commissioner or by the labour dispute committees. It also requests the Government to continue to provide information on the number and the results of the applications regarding equal remuneration made to the Commissioner and on any relevant judicial decisions.

Measures to promote equal remuneration for men and women for work of equal value.  The Committee notes the detailed information regarding the implementation of the twinning project “Equality between Men and Women – Principle and Objective for Effective and Sustainable Enterprises” in 2007 and 2008. It notes the guidelines entitled “Gender Equality in Your Company – The Recipes for Success” published in 2008 in order to help employers to implement gender equality policies in enterprises, in particular the developments regarding equal remuneration and job evaluation systems. The Committee further notes the Government’s indication that one of the outcomes of the Promotion of Gender Equality Programme (2008–10) which is being implemented to support the results of the above twinning project and continue relevant activities, includes a major study on the gender pay gap. Noting that this project has four major parts, the Committee asks the Government to provide information on its implementation and, when available, on the results of the pay gap study, indicating the policy measures envisaged to address such gap. Noting that, according to statistical data published in 2009 by the Ministry of Social Affairs, the wage differential of men and women was around 30 per cent for 2007, the Committee encourages the Government to pursue its continuing efforts to promote equal remuneration for men and women and asks the Government to provide information on the measures taken to disseminate and promote the use of the above guidelines in enterprises, in particular as regards the promotion and the implementation of job evaluation methods.

Articles 2 and 4. Collective agreements and the role of the social partners. The Committee notes that, within the framework of the twinning project, numerous awareness-raising activities for employers and workers have been undertaken and that a network of 25 members, including employers, workers’ representatives, gender experts and other persons concerned was created with a view to exchanging information, experience and good practices in promoting gender equality. The Committee further notes that, according to the Government’s report, there are no collective agreements that include concrete measures to address the issue of equal pay for women and men, although the need for such measures has been discussed. The Committee observes that section 6(1)(1) of the Collective Agreements Act provides that collective agreements may contain provisions regarding wage conditions. It further notes the Government’s indication that the number of collective agreements is very low in general and that the determination of wages is often made through individual negotiations. Recalling the important role that the social partners can play in addressing the remuneration gap, the Committee asks the Government to take measures to promote effectively the principle of equal remuneration for men and women for work of equal value among workers and employers and their organizations. The Committee further asks the Government to provide information on the activities carried out by the network promoting gender equality in the field of remuneration and their impact on the inclusion of any clauses providing equal remuneration for men and women for work of equal value in collective agreements.

Enforcement. The Committee understands from the Government’s report that the labour inspectors have not recently identified any cases of discrimination in remuneration between men and women. It notes that in its report the Government refers to three applications regarding equal pay issues made in 2008 to the Gender Equality Commissioner, whose opinions are not legally binding, out of a total of 82 applications submitted, and to two decisions on equal remuneration made by the labour dispute committees in 2009. The Committee further observes that, according to the statistics provided by the Government in its report, the difference in the average gross hourly earnings between men and women was 26.9 per cent in 2006. The Committee asks the Government to indicate if the reasons for this low number of applications or complaints on pay inequalities have been investigated and recalls that it may be due to the lack of knowledge of the law and the rights derived therefrom among workers as well as law enforcers or difficulties in accessing complaints and dispute resolution mechanisms. It also asks the Government to provide information on any training or awareness-raising activities carried out by the competent authorities among those responsible for enforcing the principle, as well as workers and employers and their organizations regarding the principle of the Convention.

Statistical information. The Committee notes the statistical data provided by the Government in its report and asks the Government to continue to provide updated statistical information on the earnings of men and women.