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

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. The Committee previously noted that section 17 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men 2006, which requires the employer to ensure equal pay for men and women for work involving equal skills and working conditions, is more restrictive than the principle of equal remuneration for men and women for work of equal value, as set out in the Convention. The Committee recalls that jobs performed by a man and a woman may involve different skills and working conditions, but may nevertheless be jobs which are of equal value and thus would have to be remunerated at an equal level. Further, by linking the right to equal remuneration for men and women to two specific factors for comparison (skills, working conditions), section 17 may have the effect of discouraging or even excluding objective job evaluation on the basis of a wider range of criteria, which is crucial in order to eliminate effectively the discriminatory undervaluation of jobs traditionally performed by women. In addition to skills and working conditions, factors such as physical and mental effort and responsibility are important and widely used criteria for the objective evaluation of different jobs.

Noting that the Government’s report contains no information in reply to the Committee’s previous comments on these issues, the Committee recalls its 2006 general observation in which it stressed that legal provisions which are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination against women. The Commitee urges the Government to take the necessary steps to amend the legislation to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to indicate the steps taken or envisaged in this regard, and it also reiterates its request to the Government to provide information on the implementation and enforcement of the equal remuneration provisions of section 17 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men 2006, including information on the number and outcome of any relevant cases dealt with by the competent administrative authorities and the courts.

Article 2(2)(c), and Article 4. Collective bargaining. Section 18 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men 2006, provides that collective agreements at the different levels should include provisions which ensure equal rights and opportunities of women and men and that agreements should, inter alia, envisage the elimination of inequality in the remuneration of labour of men and women, wherever it exists. Noting that no information was provided in reply to the Committee’s previous requests in this regard, the Committee once again asks the Government to provide detailed information on the implementation of these provisions, including information on how collective agreements promote equal remuneration for men and women in accordance with the Convention, as well as examples of relevant provisions of collective agreements.

Article 3. Objective job evaluation. Noting that no information has been provided in response to the Committee’s previous comments on the application of this Article, the Committee once again asks the Government to supply information on the measures taken to promote the use of objective job evaluation methods, free from gender bias.

Statistical information. The Committee notes from the Government’s report that according to data from the State Statistics Committee, monthly wages in 2006 were 885 Ukrainian Hryvnia (UAH) for women and UAH1,216 for men. In 2007, wages were UAH1,150 for women and UAH1,578 for men. The Committee notes that according to these figures women earned around 27 per cent less than men in 2006 and 2007. The Committee asks the Government to continue to provide statistical data on the earnings of men and women, in as much detail as possible, including data on the earnings in the different sectors and occupations.