Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. Application by means of legislation. Civil service. The Committee notes that section 10(2) of the Act on civil servants of 15 July 2005 provides that civil servants, including those on fixed-term contracts or on probation have the right to equal salaries for work of equal value. Recalling that the principle of equal pay as set out in the Convention requires the Government to ensure equality in respect of all aspects of remuneration, as defined in Article 1(a) of the Convention, including benefits and allowances, the Committee asks the Government to:

(a)   indicate how it is ensured that not only salaries but also any other benefits and allowances are paid to men and women in accordance with the principle of equal remuneration for work of equal value; and

(b)   indicate the measures taken to ensure that the principle of equal remuneration is taken into account in the classification of jobs in the civil service and the determination of levels of remuneration.

2. Application in practice. The Committee notes from the Government’s report that violations of the equal pay provisions contained in section 89 of the Labour Act (No. 137/2004) (former section 82) are not subject to fines under the Act and that the State Labour Inspection Services have thus no mandate to supervise the application of these provisions. The Government indicates that, therefore, no information was available from the labour inspection services on the application of section 89. With reference to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), concerning the need to strengthen the implementation and enforcement of non-discrimination and equality provisions set out in the legislation, the Committee asks the Government, in consultation with the social partners, to consider providing the labour inspection services with a specific role in the promotion and protection of the right of men and women to receive equal remuneration for work of equal value. It also asks the Government to provide information on whether any cases concerning violations of the principle of equal remuneration have been brought before the courts or have been dealt with by the Ombudsperson for Gender Equality.

3. National Policy for Promotion of Gender Equality. The Committee notes that the Government’s report does not reply to the Committee’s request for information on any measures taken by the Government concerning the Convention’s principle in the context of the implementation of the National Policy for the Promotion of Gender Equality. The Committee trusts that the Government will supply the information requested in its next report, as well as information on any other measures taken to promote actively the application of the Convention.

4. Objective job evaluation. Recalling that the Convention envisages the use of objective job evaluation as the method to determine equal remuneration for work of equal value, the Committee asks the Government to provide information on any measures taken or envisaged to promote the design and use of objective job evaluation methods, including in the context of establishing “employment rules”, as required under section 88(2) of the Labour Act.

5. Statistical data on the earnings of men and women. The Committee asks the Government to provide the most recent available data on the earnings of men and women in the private and the public sectors, as far as possible, as set out in the Committee’s 1998 general observation on the Convention.