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

The Committee notes the Government’s first and second reports and the extensive legislation attached thereto.

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that according to sections 105 and 106 of the Labour Relations Law, the term “salary” includes the basic salary, performance-related pay as well as the extra payments, for instance, in case of night work, overtime work, Sunday work and work on statutory holidays. The Committee notes that section 105(2) uses the term “remuneration” rather than “salary” and specifies that the “remuneration” is always to be paid in money. Also, the heading of section 108 refers to equal “remuneration” while the text of the provision refers to equal “salary”. Thus, it appears that the two terms, salary and remuneration, are used interchangeably in the Law. The Committee also notes that section 113 of the Law confers on the employee the right to compensation for a series of work-related expenses, such as transport to and from the workplace, business trips, use of private vehicle for business trips and meals during working hours. Field allowances, separation allowances and allowances in case of death of the employee or of a member of his or her family are also to be provided. The Committee notes, however, that it is not clear whether these additional emoluments fall within the scope of section 108 of the Law. The Committee asks the Government to clarify the following points:

(i)    whether the terms “salary” and “remuneration” are used in Part VIII of the Labour Relations Law synonymously;

(ii)   whether payments in kind are included in the term “salary” in section 108 of the Law; and

(iii) 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). Equal remuneration for work of equal value. The Committee notes that according to section 108 of the Labour Relation Law “the employer shall be obliged to pay equal salary to employees for equal work with equal responsibilities at the position, regardless of their gender”. The Committee notes that this provision fails to comply fully with the principle of the Convention which, although including the basic principle of equal remuneration for equal or the same work, also requires that equal remuneration be ensured to workers performing work of a different nature but which is, nonetheless, of equal value. In this regard, the Committee draws the Government’s attention to its 2006 general observation on the Convention. Noting that the Convention is part of the domestic legal order of the country pursuant to article 118 of the Constitution, the Committee asks the Government to indicate whether and to what extent this has allowed the application of the principle of equal remuneration for men and women for work of equal value in practice. The Committee would appreciate receiving information on the application of section 12 of the Labour Relations Law providing that employment contracts shall abide by the standards set in international agreements binding on the Republic as well as on the application of section 137 of the Criminal Code punishing any infringement of the principle of equality of rights of citizens, including rights provided for in ratified international agreements, with imprisonment for three months to three years. Please also provide detailed information on the application of section 108 of the Labour Relations Law.

Article 2. Collective agreements and minimum wages. The Committee notes that no information is provided by the Government on the national machinery for wage determination and on minimum wage fixing. It also notes that a general reference is made to a range of collective agreements which would give effect to the provisions of the Convention but no more specific information is supplied in this regard. The Committee asks the Government to provide information on the collective agreements applying the principle of the Convention along with a copy of the relevant provisions of these agreements. The Committee also asks the Government to provide information on the methods in operation for determining minimum wages and other rates of remuneration, and the manner in which the application of the principle of the Convention is promoted and ensured in practice in this context.

Article 3. Objective job evaluation. The Committee notes that the Government does not provide any information with regard to the measures taken or envisaged to promote objective job evaluation on the basis of the work to be performed. In its report, the Government acknowledges that the gender wage gap registered in the country is in part due to the horizontal and vertical job segregation which exists in the labour market. Recalling the 2006 general observation on the Convention, the Committee emphasizes that historical attitudes towards the role of women in society and the consequent occupational sex segregation which flows from that tend to result in the undervaluation of “female jobs” in comparison with those performed by men when determining wage rates. The promotion of objective job evaluation methods is therefore crucial 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 asks the Government to indicate any measures taken or envisaged to promote objective job evaluation methods.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that the Labour Relations Law provides for the establishment of an Economic and Social Council as a forum of dialogue between the Government and the social partners with a view to fostering cooperation in the protection and promotion of workers’ rights. Pursuant to section 246 of the Law, the Council was to be set up upon agreement between the Government and the employers’ and workers’ organizations. The Committee notes that this agreement would also regulate the composition of the body taking into account the need that “the social partners are appropriately involved”. The Committee notes from the Government’s report that the Economic and Social Council examines and provides, on a regular basis, advisory opinions on draft legislation concerning wages. The Committee also notes that section 12 of the Law on Equal Opportunities of Women and Men sets out the Government’s obligation to cooperate with employers’ and workers’ organizations to promote equality of opportunity of men and women. The Committee asks the Government to indicate what role the Economic and Social Council has had with respect to advising on the issue of wages and promoting the principle of equal remuneration for men and women for work of equal value. Please also indicate any cooperation that has taken place pursuant to section 12 of the Law on Equal Opportunities with respect to promoting the effective application of the principle of the Convention, and the impact thereof.

Part III of the report form. The Committee notes the Government’s indication that the application of the relevant national legislation is entrusted to the Department for Equal Opportunities established within the Ministry of Labour and Social Policy. The Committee also notes that pursuant to the Law on Equal Opportunities of Women and Men, a number of Commissions for Equal Opportunities are created at the level of local self-government units. In addition, an Ombudsperson is mandated to deal with cases of violations of the principle of equal opportunities between men and women by public bodies. The Committee further notes that pursuant to section 256 of the Labour Relations Law, the labour inspection services are charged with the supervision of the implementation of this Law, other laws and regulations on labour relations, collective agreements and employment contracts. The Committee asks the Government to provide detailed information on the activities of these bodies relating to the application of the principle of the Convention.

Part IV. The Committee notes that section 108 of the Labour Relations Law, providing for equal salary for men and women for equal work, stipulates that the provisions of employments contracts or collective agreements which run contrary to this principle are null and void. Also, in case of disputes, section 11 places on the employer the burden of proving the absence of any type of discrimination. The Committee further notes that where a provision concerning the employment relationship has been violated, including provisions on remuneration, section 166 of the Criminal Code provides for the payment of a fine or imprisonment, depending on the circumstances of the case. The Committee notes that the Government’s report does not contain any information on judicial or other decisions concerning the principle of equal remuneration for work of equal value. The Committee also notes that in its concluding observations of 2006, the UN Committee on the Elimination of Discrimination against Women noted, in general, that no cases related to gender-based discrimination had been brought before national courts (CEDAW/C/MKD/CO/3, 3 February 2006, paragraph 11). The Committee encourages the Government as follows:

(i)    to provide information on any judicial decisions concerning the interpretation of section 108 of the Labour Relations Law;

(ii)   to provide information on whether any employment contracts or collective agreements have been found to violate section 108 of the Law and thus been declared null and void, and whether any sanctions have been imposed under section 166 of the Criminal Code for violations related to equal remuneration;

(iii) to provide information on any other judicial or administrative decisions concerning the principle of equal remuneration for work of equal value; and

(iv)  to take appropriate measures to raise awareness of the principle of the Convention among the social partners and other stakeholders.

Part V. The Committee notes from the Government’s report 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 to 2012). In particular, The Committee notes that the Plan encompasses action designed to combat gender stereotypes, to address the imbalance in the choice of educational careers leading to job segregation, and to foster women’s participation in state administration at high positions. The Committee encourages the Government to continue its efforts to overcome traditional stereotypes concerning women’s role in society and the occupational sex segregation in the labour market that flows from that. It also asks the Government to provide the following:

(i)    information on the implementation of the initiatives and programmes carried out under the National Action Plan on Gender Equality relevant to the application of the Convention, as well as the outcome thereof;

(ii)   statistical data disaggregated by sex on the distribution of men and women in the various positions, occupations or sectors, along with the corresponding earnings, in both the private and public sectors; and

(iii) information on any findings of the labour inspection services relevant to assessing the application of the principle of equal remuneration for work of equal value.