Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

The Committee notes that the Employment Relationships Act and the Act of 30 April 2004 implementing the Principle of Equal Treatment were amended in 2007. The Committee asks the Government to supply copies of these amendments.

Gender wage gap. The Committee notes that, according to the survey on the structure of earnings published in 2008 by the National Statistics Office, the gender wage gap has decreased. According to the survey, women’s average gross hourly earnings in 2006 amounted to 95 per cent of the earnings received by men (gender wage gap: 5 per cent). The widest gender wage gap existed in the health‑care and social assistance sectors (nearly 30 per cent). According to Eurostat, the gap between men’s and women’s average gross hourly earnings increased from 6.1 per cent in 2002 to 8 per cent in 2006 and 8.3 per cent in 2007.

The Committee notes the various initiatives carried out by the Government under the first Periodic Plan for the Implementation of the National Programme for Equal Opportunities for Men and Women 2006–07 to address sex segregation in the labour market and to reduce the gender wage gap. The Committee also notes that similar measures are included in the second Periodic Plan for 2008–09. It further notes that a study on equal opportunities in education is being carried out with a view to developing indicators to monitor girls’ and boys’ access to education in areas where one or the other gender is underrepresented, the results of which will be available in 2009. The Committee asks the Government to continue to provide detailed statistical information on the earnings of men and women, including the earnings in the various sectors and occupational categories. The Committee also encourages the Government to continue its efforts to reduce the gender wage gap and asks it to provide information on the following:

(i)    the implementation of the relevant measures taken under the second Periodic Plan for the Implementation of the National Programme for Equal Opportunities for Men and Women, including information on any measures specifically targeting the sectors where the gender wage gap is wider than average, and the results achieved; and

(ii)   the results of the study on equal opportunities between boys and girls in respect of access to education and the measures taken or envisaged accordingly to promote girls’ access to educational areas where their participation rate is lower than boys’ and vice versa.

Article 2 of the Convention. Minimum wages. The Committee recalls that, due to the lack of agreement among the tripartite partners on the new wage policy for the private sector, a draft act fixing the minimum wage for 2006–07 had been proposed by the Ministry of Labour, Family and Social Affairs. The Committee notes that this Act was adopted in 2006 and, subsequently, amended in 2008 to allow an exceptional increase in the amount of the minimum wage. The Committee notes that pursuant to section 2 of the Act, the Minister responsible for labour matters will establish the amount of the minimum wage on the basis of the expected yearly rise in consumer prices and after consulting the social partners. Noting that no reference to the principle of equal remuneration for men and women for work of equal value is made in the Minimum Wage Act, the Committee again asks the Government to indicate the manner in which the observance of this principle is ensured in the procedure of minimum wage fixing.

Article 3. Objective job evaluation. In the absence of the information previously solicited, the Committee again asks the Government to indicate any measures taken to promote objective job evaluation, and to specify how it is ensured that the uniform criteria used for the determination of wages are free from gender bias.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes that, in September 2007, the Social Agreement for the period 2007–09 was adopted. It notes that this agreement upholds the promotion of equal opportunities of men and women in employment, education and training, the reconciliation of work and family life and the reduction of segregation and remuneration disparities. However, the Committee notes that Part II, section 8, of this Agreement, which concerns wages and salaries, only calls upon employers to respect the principle of equal pay for women and men for the “same job”. The Committee wishes to emphasize that this provision does not reflect fully the principle of the Convention, which includes, but goes beyond, equal remuneration for “equal”, the “same” or “similar” work, and also requires that equal remuneration be paid to women and men who perform work of an entirely different nature, which is nonetheless of equal value. The Committee hopes that, in the context of the next negotiations, the Government will make every effort to ensure that the principle of equal remuneration for work of equal value is reflected in the Social Agreement, and refers the Government to the indications provided in this regard in its 2006 general observation on the Convention.

Enforcement. Regarding the implementation of section 133 of the Employment Relationships Act on equal remuneration, the Committee notes the Government’s indication that, given the close relationship existing between this provision and section 6 of the Act prohibiting gender-based discrimination, any violations of section 133 would indirectly fall within the scope of section 229 which provides for the imposition of certain sanctions on the employer who has violated section 6. The Committee also notes that no violations of section 133 were detected by the labour inspectorate services and that no relevant judicial decisions were handed down. The Committee further notes that the Periodic Plan for Implementing the National Programme for Equal Opportunities for Women and Men encompasses measures designed to strengthen labour inspection on the implementation of the Employment Relationships Act and to raise public awareness regarding cases of discrimination and mechanisms for their prevention. The Committee asks the Government to provide information on the following:

(i)    the number and nature of cases in which section 229 of the Employment Relationships Act has been applied regarding the non-observance of the principle of equal remuneration for work of equal value;

(ii)   the measures taken or envisaged under the Periodic Plan for Implementing the National Programme for Equal Opportunities for Women and Men to strengthen the capacity of labour inspectors to detect and address any violations of the principle of the Convention and to raise awareness among the workers of their right to equal remuneration and of the procedures and remedies available in this regard; and

(iii) any judicial decisions relating to the application of the Convention and any violations detected by or brought to the attention of the labour inspectorates services, the sanctions imposed and the remedies provided.