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

Situation of men and women in the labour market and assessment of the gender remuneration gap. The Committee notes that, according to Eurostat, the employment rate of women was 33.5 per cent in 2009 (52.8 per cent for men). It further notes from the “Gender-budget analysis of social protection and active employment policies” provided by the Government with its report, that in 2008 women’s activity rate in the labour market was 50.2 per cent, whereas men’s was 76.6 per cent. According to this document, the low activity rate of women is due to traditional values and standards regarding their role in society, particularly in rural areas and within specific ethnic communities, such as women from the Albanian and Roma communities. Women are mainly employed as unpaid family workers. The Committee notes that one of the objectives of the National Employment Strategy and the National Employment Action Plan was to increase the employment rate of women to 38 per cent in 2010, with a particular emphasis on women from ethnic communities. Furthermore, the Committee recalls that equal treatment of men and women with respect to remuneration is one of the goals to be pursued within the National Action Plan on Gender Equality
(2007–12) and notes the Government’s indication that activities have been continuously carried out every year to address gender stereotypes and prejudices regarding the roles of women in society.

The Committee notes however that the Government’s report and the above analysis do not contain any statistical data regarding the actual earnings of men and women. The Committee therefore asks the Government to provide any information available on the remuneration gap between men and women as well as the fullest possible statistical data on the participation of men and women in the labour market and their average actual earnings broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, with respect to both the private and the public sectors. Please provide information on any action undertaken within the framework of the National Action Plan on Gender Equality to address specifically the issue of the gender remuneration gap.

Article 1(a) of the Convention. Definition of remuneration. The Committee understands from the Government’s report that the terms “salary” and “remuneration” are used interchangeably in sections 105 and 108 and cover the basic salary, performance-related pay and extra payments. It notes the Government’s indication that the law does not provide for any payment in kind. With respect to compensation for expenses related to work under section 113, it remains unclear whether these payments are considered to be part of the salary referred to in section 108 on equal remuneration. The Committee once again asks the Government to specify whether the additional emoluments referred to in section 113 of the Labour Relations Law are included in the term “salary” in section 108 of the Law.

Article 1(b). Work of equal value. In its previous comments, the Committee noted that section 108(1) of the Labour Relations Law provides for the payment of “equal salary for equal work with equal responsibilities” at the position, regardless of the worker’s gender, and not for work of equal value as set in the Convention. The Committee recalls that legal provisions that are narrower than the principle as laid down in the Convention, since they do not give full expression to the concept of “work of equal value”, hinder progress in eradicating gender-based pay discrimination. The Committee asks the Government to consider including in its legislation provisions that give full expression to the principle of equal remuneration for men and women for work of equal value, with a view to addressing situations where men and women perform different work, with different responsibilities, that is nevertheless of equal value, and to provide information on the measures taken or envisaged in this regard.

Article 2. Collective agreements and minimum wages. The Committee notes the Government’s indication that although section 107 of the Labour Relations Law foresees the fixing of a minimum wage by law or collective agreement, so far the minimum wage has been determined only by collective agreements and no law has been enacted in this respect. The Committee would like to draw the Government’s attention to the need to use, when determining minimum wages, methodology and criteria which are free from any gender bias, and to ensure that rates of remuneration in occupations in which women are predominantly employed are not set below the level of the rates applied to occupations dominated by men carrying out work of equal value. Recalling that minimum wages are an important means of applying the Convention, the Committee once again asks the Government to provide information on the methods used for determining minimum wages and other rates of remuneration in the collective agreements, and the manner in which the application of the principle of the Convention is promoted among the social partners and ensured in practice in this context. Please also provide information on the content of collective agreements applying the principle of equal remuneration for men and women, for work of equal value.

Article 3. Objective job evaluation. Recalling its previous comments on the importance of promoting the use of objective job evaluation methods in order to establish whether different jobs are of equal value and thus entitled to equal remuneration in compliance with the provisions of the Convention, the Committee once again asks the Government to provide information on any measures taken or envisaged to promote such methods.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the social partners have not submitted any requests to the Economic and Social Council with respect to wages and the principle of equal remuneration. Recalling that Article 4 of the Convention requires the cooperation with the employers’ and workers’ organizations concerned for the purpose of giving effect to the provisions of this Convention, the Committee asks the Government to provide information on the measures taken or envisaged to that end. Please also continue to provide information on any activities undertaken by the social partners with a view to promoting the principle of equal remuneration for men and women for work of equal value.

Parts III and IV of the report form. In the absence of a reply in the Government’s report on the activities of the Commission for Equal Opportunities, the Ombudsperson and the labour inspection services, the Committee once again asks the Government to provide detailed information on the activities of these bodies relating to the application of the principle of the Convention. Please also provide information on any judicial decisions regarding the application of the principle of equal remuneration for men and women.