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

Wage gap between men and women. The Committee notes the adoption of Act No. 10/2008 on Equal Status and Equal Rights of Men and Women, section 19 of which provides that men and women working for the same employer shall be paid equal wages and enjoy equal terms of employment for the same jobs or jobs of equal value. However, the Committee observes that this provision, in the same way as section 14 of the Act of 2000 which was previously applicable, still restricts equal remuneration to men and women working for the same employer. With reference to its previous comments, the Committee recalls the need to extend the scope of evaluations by including comparisons with jobs in various sectors and occupations. It refers in this respect to its general observation of 2006 on the application of the Convention, in which it emphasized that the application of the principle of the Convention “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 or enterprises, or between different employers.” The importance of comparison outside a specific enterprise has also been recalled by the European Committee of Social Rights which, in the conclusions that it adopted in December 2007, considered that the situation in Iceland was not in conformity with article 4, paragraph 3, of the European Social Charter for this reason, and emphasized that as “comparisons need to be made in order to determine whether women and men really do receive equal pay”, the European Committee has consistently found that “the possibility to look outside an enterprise for an appropriate comparison should exist where necessary”. It considers that this possibility “is of fundamental importance for a system of effective job evaluation to be efficient in certain circumstances, in particular in enterprises where the workforce is largely, or even exclusively, female”. The Committee therefore asks the Government to provide information on the measures adopted or envisaged to allow the comparison of jobs beyond the same establishment or enterprise.

The Committee also notes that, under the terms of section 25 of Act No. 10/2008, if a man and a woman working for the same employer receive different wages for the same work, or for work of equal value, then the employer shall demonstrate, if there is a difference in their wages, that the difference is explained on grounds other than their gender. The Committee asks the Government to provide further information on the criteria which might be considered acceptable in respect of this provision to justify a difference in wages between men and women for identical work or work of equal value.

The Committee further notes the Government’s indications that due to the action taken by the City Council, the wage gap between men and women staff of the City of Reykjavik fell from 15 to 4 percent between 1999 and 2007 (from 14 to 9 per cent when total monthly income is taken into account). The Committee asks the Government to continue providing information on the results of the action taken in this respect by the municipal authorities of Reykjavik.

The Committee also notes the human rights policy adopted by the City of Reykjavik in May 2006, which includes provisions on the municipal authorities as an employer and explicitly provides that men and women are to be paid equally for equal work. However, the Committee wishes to emphasize that the Convention is aimed at equal remuneration for men and women for work of equal value, and not merely for equal work. As it emphasized in its general observation of 2006 referred to above, “to address such occupational segregation, where men and women often perform different jobs, under different conditions, and even in different establishments, the concept of ‘work of equal value’ is essential, as it permits a broad scope of comparison. ‘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, which is nevertheless of equal value.” The Committee therefore asks the Government to provide information on the measures adopted in practice by the authorities of the City of Reykjavik to ensure that its male and female employees benefit from equal remuneration for work of equal value.

The Committee further notes that, in the concluding observations that it adopted in July 2008 (CEDAW/CE/ICE/CO/6, paragraphs 15 and 27), the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed particular concern at information suggesting that both men and women consider that a gender wage gap is acceptable. The Committee further notes that CEDAW, while noting the prohibition of wage non-disclosure clauses in contracts of employment, introduced by Act No. 10/2008, expressed concern at the persistent and significant wage gap between men and women, which it considered could be mainly explained as the result of direct discrimination. The Committee asks the Government to provide information on the measures adopted to combat stereotypical attitudes concerning the employment of men and women and against traditional attitudes on the subject of the wage gap between men and women for work of equal value.

The Committee also notes the Government’s indication that, following the parliamentary elections in 2007, it announced in its policy declaration that a plan would be made to decrease the gender pay gap among State employees by half and eliminate the gender-pay gap in the private sector before the end of the four‑year electoral term. In accordance with this declaration, three working groups were established: one is responsible for seeking ways of eliminating the gender pay gap in the private sector and ensuring equal representation of men and women in management and on company boards; the second is to advise the Minister of Social Affairs and Social Security in this field and identify a method of evaluating the results of the action taken; and the third group is responsible for developing a plan to decrease the gender pay gap in the public sector by half and to re-evaluate the remuneration of women working for the State, especially in occupations where they are in the majority. According to the Government, the first working group delivered a report in October 2008 and suggested several ways of eliminating the gender pay gap in the private sector. The Committee asks the Government to provide fuller information on the outcome of the work of the three working groups that have been established, and particularly the action taken as a result of the recommendation made by the first working group in October 2008. In general, the Committee asks the Government to continue providing information on the measures taken to eliminate the wage gap between men and women.

Article 2 of the Convention. Collective agreements. With reference to its previous comments on this point, the Committee notes that, according to the indications provided in its report by the Government, a report on the impact of collective agreements and the gender wage gap between the members of unions of graduates was launched in December 2008 and has shown that, although women’s wages are still lower than those of men, the gender wage gap decreased during the period between 2005 and 2007. Moreover, a survey by the Social Science Research Institute showed that the gender wage gap among the members of the union has almost closed in relation to regular income. The Committee further notes that, according to the Government’s report, no information is available on the measures adopted or envisaged to allow the principle of the Convention to be implemented beyond the level of the same enterprise where wages are fixed at a level that is wider than the enterprise level. The Committee requests the Government to provide any further information on this subject. The Government is also requested to provide information on the findings of the survey on equality in the public administration carried out by the working group established under the terms of the collective agreement between the State Treasury and the Union of Civil Servants (UCS), which was expected to be completed by the end of 2007.

The Committee notes that in 2008 the Confederation of Icelandic Employers and the Icelandic Confederation of Labour signed a protocol to the collective agreements in force for the promotion of gender equality within the labour market, which focuses on three main areas: the development of a certification system for enterprises, a statistical survey of inequalities between men and women in relation to remuneration and the preparation of information materials. The Committee asks the Government to provide information on the results obtained in relation to equal remuneration for men and women for work of equal value as a result of the implementation of the protocol and to provide the statistical data collected in this context.

Article 4. Collaboration with employers’ and workers’ organizations. The Committee notes that an interim provision of Act No.10/2008 provides that the Minister of Social Affairs and Social Security shall ensure that a certification system on the implementation of the policy of wage equality is developed in collaboration with the social partners and that it had to be completed by 1 January 2010. The Committee requests the Government to provided information on the implementation of this certification system, the procedures for issuing certificates and any other measures taken to ensure collaboration with employers’ and worker’ organizations.

Part IV of the report form. The Committee notes that during the period covered by the Government’s report the Complaints Committee on Gender Equality delivered rulings in two cases dealing with equal remuneration between men and women and on this occasion examined whether objective reasons existed for the jobs on question to justify the differences in wages observed. The Committee asks the Government to continue providing information on any rulings delivered by the Supreme Court in this field, and on the outcome of the activities of the Complaints Committee on Gender Equality following the entry into force of Act No. 10/2008 on Equal Status and Equal Rights of Men and Women. The Government is also requested to provide updated statistical data on trends in the wage gap between men and women in the various branches of activity.