Equal Remuneration Convention, 1951 (No. 100) - Estonia (RATIFICATION: 1996)

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Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. The Committee notes the Government’s indication, in its report, that according to Statistics Estonia, the gender pay gap in the average gross hourly earnings of women and men was estimated at 14.9 per cent, in 2021 (compared to 15.6 per cent in 2020). The Government adds that two factors have contributed to the continuing decrease of the gender pay gap over the years, namely a 52 per cent increase of the minimum wage between 2016 and 2022, as well as several steps taken to ensure adequate wages in female-dominated sectors. The Committee however observes that, according to Statistics Estonia, in 2021, the gender pay gap was still over 15 per cent in occupations where women are traditionally highly concentrated, such as administrative and support service activities and education. Furthermore, the gender pay gap remains high in several sectors, including financial and insurance activities (25.7 per cent), wholesale and retail trade (24.2 per cent), health and social work activities (23.8 per cent) and information and communication (23.5 per cent). The Committee notes the Government’s indication that the “Reducing the Gender Wage Gap” (REGE) Research Project, carried out from 2019 to 2022, was able to explain 40 per cent of the gender pay gap, and showed that individual characteristics, such as level of education, labour market status, age, and nationality, explain only a marginal share of the pay gap, while the average salary paid and the share of women employed by the employer play a more substantial role. Occupation and sector of economic activity are moderately important in explaining the gap. The Committee welcomes the adoption of the Welfare Development Plan for 2023-2030 which sets as a specific sub-goal the enhancement of gender equality and equal treatment, including by: (1) continuing to identify the causes of the pay gap and design measures to improve pay transparency; and (2) supporting employers with knowledge and user-friendly tools to identify and reduce the pay gap in their organizations. The Committee observes that the Plan acknowledges that although the gender pay gap has been on a downward trend over the last decade, it shows significant gender inequalities in the labour market and in the economic independence of women and men, with women being more likely to work in less valued and therefore lower paid occupations as a result of gender segregation in the labour market. In that respect, the Committee refers to its direct request on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). While welcoming the efforts made by the Government to reduce the gender pay gap, the Committee observes that the gender pay gap only declined in a limited manner over the past five years and remains very high. In that regard, the Committee notes that, according to Eurostat, the highest unadjusted gender pay gap in the European Union (EU) was still registered in Estonia, in 2021, being estimated at 20.5 per cent (compared to 12.7 per cent on average at EU level) and only slightly decreased by 1.3 percentage points since 2018. The Committee further notes that, in its 2020 conclusions, the European Committee of Social Rights (ECSR) concluded that the situation in Estonia was not in conformity with article 20(c) of the European Social Charter on the ground that sufficient measurable progress in respect of the obligation to promote the right to equal pay was not achieved. In light of the persistently high gender pay gap, the Committee asks the Government to strengthen its effortsin order to identify and address the underlying causes of the gender pay gap, such as occupational gender segregation and gender stereotypes. It asks the Government to provide information on: (i) any measures implemented to that end, in particular in the framework of the Welfare Development Plan 2023-2030, and their impact; (ii) the earnings of men and women, in both the public and private sectors, disaggregated by economic sector and occupation, if possible; and (iii) any statistical data or study available on the gender pay gap.

Measures to promote equal remuneration. Pay transparency. The Committee notes the Government’s statement that amendments to the Gender Equality Act (GEA), that would have obliged employers in the public sector to carry out equal pay audits, were submitted to Riigikogu (the Parliament) but dropped from the proceedings due to expiry of the mandate of the Parliament in February 2019. The Committee however notes that a digital tool for analysing the gender pay gap, known as the “Palgapeegel” (“Pay Mirror”) platform is being developed, in collaboration with Statistics Estonia, and should be ready for use in 2024. The Committee observes that the Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms (“EU Pay Transparency Directive”) entered into force on 6 June 2023, and that EU Member States must implement it within three years. In this regard, it notes the Government’s statement that amendments to the GEA are planned to be introduced in line with the EU Directive. The Committee also notes that the Government’s Action Plan for 2021-2023 formally includes a task for the Minister of Social Protection to present to the Government amendments to the GEA aimed at reducing the gender pay gap. The Committee asks the Government to provide information on any developments, including legislative developments, introduced to improve pay transparency, in particular in the context of the transposition of the EU Pay Transparency Directive. Noting that the Government intends to develop further voluntary approaches to help employers identify and correct pay gaps, the Committee asks the Government to provide information on any progress made in this regard, in particular regarding the “Pay Mirror” platform, including with a view to implementing section 11(2) of the Gender Equality Act.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes with regret the repeated lack of information provided by the Government in that regard. The Committee observes that the number of workers covered by collective agreements remains low, being estimated at 13.3 per cent in 2018. In light of the persistent and wide gender pay gap, the Committee draws the Government’s attention to the important role to be played by the social partners in giving effect in practice to the principle of the Convention. The Committee asks the Government to provide information on: (i) any actions undertaken to promote the implementation of the principle of equal remuneration for men and women for work of equal value, with the cooperation of the employers’ and workers’ organizations, and the results of such initiatives; and (ii) the number of collective agreements in force containing clauses providing for equal remuneration for men and women for work of equal value.

Enforcement. The Committee notes the Government’s indication that the number of cases regarding gender-based discrimination in employment remains low and that no court decision has been issued regarding more specifically, cases of unequal remuneration between men and women for equal work or work of equal value. The Committee notes the Government’s statement that amendments to the Gender Equality Act that would have given the Labour Inspectorate the mandate to monitor the observance of the principle of equal pay by employers in the public sector were submitted to Parliament but dropped from the proceedings due to expiry of the mandate of the Parliament in February 2019. Taking note of this information, the Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see the 2012 General Survey on the fundamental Conventions, paragraph 870). The Committee asks the Government to provide information on: (i) the proactive measures taken to raise public awareness of the principle of the Convention, the procedures and remedies available; (ii) the impact of such measures on the persistent wage disparities between men and women; and (iii) the number of cases of gender pay inequality dealt with by the labour inspectors, the Gender Equality and Equal Treatment Commissioner, the Chancellor of Justice, the courts or any other competent authority, specifying any sanctions imposed and remedies granted.

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Articles 1 and 2 of the Convention. Gender pay gap. Measures to promote equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication in its report that the gap between gross hourly wages and salaries of women and men has increased from 22.9 per cent in 2011, to 24.8 per cent in 2013. It notes that in 2013, the largest gap could be found in financial and insurance activities (41.8 per cent) and that it was more than 30 per cent in mining and quarrying, wholesale and retail trade, manufacturing, and information and communication. The smallest gap (-0.2 per cent in favour of women) could be found in transportation and storage, but it was still over 10 per cent in favour of men in agriculture, forestry, fishing, public administration, and compulsory social security. The Government indicates that the Action Plan for Reducing the Gender Pay Gap, approved in 2012, aims at improving the implementation of the Gender Equality Act and possibilities for reconciling work and family, promoting gender mainstreaming, reducing gender segregation and analysing pay systems in the public sector. The Committee notes the various activities carried out under the Promoting Gender Equality 2011–13, Programme and the Gender Equality and Work–Life Balance Programme, including a project aimed at developing a new concept for gathering and analysing gender pay gap statistics by Statistics Estonia. It also notes that the Ministry of Social Affairs was given the task of developing an action plan in the areas of social security, inclusion and equal opportunities for 2016–23, which is also expected to target the causes of the gender pay gap, and which was to be approved in November 2015. The Committee welcomes the measures taken to promote equal remuneration but notes that the gender pay gap remains high and emphasizes the importance of reviewing the measures taken and evaluating their impact on the gender pay gap. The Committee asks the Government to increase its efforts to reduce the gender pay gap, and to provide information on specific measures taken, and results achieved, to this end under the Action Plan for Reducing the Gender Pay Gap and the Action Plan in the areas of social security, inclusion and equal opportunities, as well as under the Gender Equality and Work–Life Balance Programme. The Committee specifically requests information on the progress made towards improving gender pay gap statistics and on the impact of the programme implemented by the Gender Equality and Equal Treatment Commissioner on the practical application of the principle of equal pay for work of equal value.

Article 2. Collective agreements and the role of the social partners. The Committee previously noted that the number of employees covered by collective agreements is low, that agreements do not contain specific provisions on equal pay and that the determination of wages is often made through individual negotiations. It further notes the Government’s indication that collective agreements must be registered in the Estonian Collective Agreements Register and that currently, there are 43 collective agreements that include provisions on equal treatment of employees and prohibition of discrimination, without indicating whether these concern equal pay. The Government also indicates that the Network for Promoting Gender Equality in Working Life has been inactive during the reporting period. Reiterating the important role that the social partners can play in addressing the gender remuneration gap, the Committee asks the Government to take measures to promote effectively the principle of equal remuneration for men and women for work of equal value among workers and employers and their organizations. The Committee asks the Government to provide information on any steps taken, in cooperation with the social partners, towards including equal remuneration clauses in collective agreements.

Equal pay audits. The Committee notes that according to Article 11(2) of the Gender Equality Act “an employer shall collect sex-disaggregated statistical data concerning employment that allow, if necessary, the relevant institutions to monitor and assess whether the principle of equal treatment is complied with in employment relationships”. The Committee welcomes and encourages measures requiring information on pay differentials as a means of ensuring transparency, monitoring the pay gap, and as a basis for remedial actions, including through the development of a plan addressing equal pay (see 2012 General Survey on the fundamental Conventions, paragraph 723). The Committee asks the Government to provide information on the practical application of Article 11(2) of the Gender Equality Act, including whether gender disaggregated pay data is included in the reporting obligation, the level of compliance with the obligation by employers and how the information is used by the relevant institutions, including the Gender Equality and Equal Treatment Commissioner in performing their mandate to monitor compliance with the Gender Equality Act.

Enforcement. The Committee notes from the Government’s report that the number of complaints submitted to the Gender Equality and Equal Treatment Commissioner has more or less remained the same. In 2014, three complaints were made to the Commissioner related to equal pay. Two complaints concerned situations where a woman returning from childcare leave was either offered a lower post and pay or denied upgrading of her post, although entitled to it. The Committee notes the project carried out during 2013–15, by the Gender Equality and Equal Treatment Commissioner aimed at raising awareness and helping victims of discrimination directly through litigation as well as increasing the capacity of officials assisting discrimination victims. The Government also indicates that widening the mandate of the labour inspectorate to include inspection of observance of the principle of equal pay by employers is on the Government’s agenda and that the relevant draft is expected to be finalized in May 2016. The Committee asks the Government to indicate if the reasons for the low number of equal pay complaints have been investigated and provide information on any measures taken in this respect, as well as of the outcome of the project by the Gender Equality and Equal Treatment Commissioner on improving legal protection. It also requests information on any steps taken to widen the mandate of the labour inspectorate to include inspection of observance of the principle of equal pay by employers. The Committee asks the Government to continue providing information on complaints submitted to the Gender Equality and Equal Treatment Commissioner, or the labour dispute committees. It also requests the Government to continue providing detailed information on the existing jurisprudence concerning the equal pay provisions in the Gender Equality Act, including how work of equal value is assessed.

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Articles 1 and 2 of the Convention. Legislation. The Committee recalls section 6(2)(3) of the Gender Equality Act as amended on 24 September 2009, which refers to the equal remuneration for “the same work or work to which equal value is attributed”. The Committee notes the Government’s indication that the Gender Equality and Equal Treatment Commissioner in her opinion in 2009 took into account the following factors when comparing the value of work in a public sector: official title, short description of the work performed, tasks, and the salary grade. However, the jurisprudence concerning the equal remuneration provision of the Gender Equality Act is yet to be established. The Committee asks the Government to continue to provide information on the practical application of the equal remuneration provisions of the Gender Equality Act, including information on the number and the outcome of the applications regarding equal remuneration made to the Gender Equality and Equal Treatment Commissioner and on any relevant judicial decisions.

Gender pay gap. Measures to promote equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that according to Statistics Estonia in 2010 the average gross hourly earnings was €5.44 for male workers and €4.17 for female workers. According to the study on the “Gender Pay Gap in Estonia” carried out during 2009–10, the general gender pay gap, taking real wages as the basis, was during 2000–08 an average of 28.6 per cent; the unexplained wage difference constituting approximately 85 per cent of the gender pay gap, increased during 2000–08. The gender pay gap has increased during 2006–08 compared to the previous years. With regard to the project and study concerning the gender pay gap, the Committee notes the Government’s information that the Promotion of Gender Equality Programme (2011–13) is being implemented. The Committee notes the Government’s indication that following the above study on the gender pay gap, an Action Plan for Reducing the Gender Pay Gap will be proposed to the Parliament in autumn 2012. Noting the widened gender pay gap, the Committee asks the Government to pursue its efforts to promote equal remuneration for men and women for work of equal value, and to provide information on the results achieved under the Promotion of Gender Equality Programme (2011–13). It also asks the Government to provide information on the status of the Action Plan for Reducing the Gender Pay Gap, as well as on the specific measures taken under this Action Plan. Please continue to provide updated statistical information on the earnings of men and women, in order for the Committee to assess the evolution of the gender pay gap.

Collective agreements and the role of the social partners. The Committee recalls the Estonian Network of Promoting Gender Equality, which was established in 2008. It notes the Government’s indication that the network meets twice a year to discuss recruitment and wage policies in member organizations, and that the member organizations have participated in seminars, round tables and conferences organized by the Ministry of Social Affairs, whose topics include gender equality in the organization. The Committee also notes the Government’s indication that there is no specific provision on pay equality in most collective agreements. The Committee asks the Government to provide information on the activities carried out by the network among the social partners for promoting gender equality in the field of remuneration, and their impact on the inclusion of any clauses providing equal remuneration for men and women for work of equal value in collective agreements.

Enforcement. The Committee notes the Government’s indication that in a case in which a woman who had returned to her previous job after taking childcare leave had been treated by an employer as a new employee, the Gender Equality and Equal Treatment Commissioner concluded in February 2012 that the employer had discriminated against the complainant based on gender. It also notes the Government’s indication that three complaints in 2011 and four complaints in 2012 concerning equal pay were lodged before the Commissioner. The Committee also notes the Government’s indication that four regional seminars were held in April 2012 to raise awareness among representatives of private companies about the existence and causes of the high gender pay gap. The Committee asks the Government to continue to provide information on the measures taken, with the cooperation of the social partners, to promote training or awareness-raising activities among those responsible for enforcing the principle, as well as workers and employers and their organizations regarding the principle of the Convention. Please also continue to provide information on any complaints submitted to the Gender Equality and Equality Treatment Commissioner, or the labour dispute committees, regarding the principle of equal remuneration for work of equal value.

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Articles 1 and 2 of the Convention. Legislation. The Committee notes the adoption of the Employment Contracts Act on 17 December 2008, which repeals the Wages Act and provides that employers shall ensure the protection of employees against discrimination, follow the principle of equal treatment and promote equality in accordance with the Equal Treatment Act and Gender Equality Act. The Committee further notes that, according to section 6(2)(3) of the Gender Equality Act, as amended on 24 September 2009, “the activities of an employer shall also be deemed to be discriminating if the employer establishes conditions for remuneration or conditions for the provision and receipt of benefits related to employment relationship which are less favourable regarding an employee or employees of one sex compared with an employee or employees of the other sex doing the same work or work to which equal value is attributed”. The Committee requests the Government to provide information on the application of the equal remuneration provisions of the Gender Equality Act in practice, indicating in particular how the expression “work to which equal value is attributed” is being defined or interpreted by the Gender Equality and Equal Treatment Commissioner or by the labour dispute committees. It also requests the Government to continue to provide information on the number and the results of the applications regarding equal remuneration made to the Commissioner and on any relevant judicial decisions.

Measures to promote equal remuneration for men and women for work of equal value.  The Committee notes the detailed information regarding the implementation of the twinning project “Equality between Men and Women – Principle and Objective for Effective and Sustainable Enterprises” in 2007 and 2008. It notes the guidelines entitled “Gender Equality in Your Company – The Recipes for Success” published in 2008 in order to help employers to implement gender equality policies in enterprises, in particular the developments regarding equal remuneration and job evaluation systems. The Committee further notes the Government’s indication that one of the outcomes of the Promotion of Gender Equality Programme (2008–10) which is being implemented to support the results of the above twinning project and continue relevant activities, includes a major study on the gender pay gap. Noting that this project has four major parts, the Committee asks the Government to provide information on its implementation and, when available, on the results of the pay gap study, indicating the policy measures envisaged to address such gap. Noting that, according to statistical data published in 2009 by the Ministry of Social Affairs, the wage differential of men and women was around 30 per cent for 2007, the Committee encourages the Government to pursue its continuing efforts to promote equal remuneration for men and women and asks the Government to provide information on the measures taken to disseminate and promote the use of the above guidelines in enterprises, in particular as regards the promotion and the implementation of job evaluation methods.

Articles 2 and 4. Collective agreements and the role of the social partners. The Committee notes that, within the framework of the twinning project, numerous awareness-raising activities for employers and workers have been undertaken and that a network of 25 members, including employers, workers’ representatives, gender experts and other persons concerned was created with a view to exchanging information, experience and good practices in promoting gender equality. The Committee further notes that, according to the Government’s report, there are no collective agreements that include concrete measures to address the issue of equal pay for women and men, although the need for such measures has been discussed. The Committee observes that section 6(1)(1) of the Collective Agreements Act provides that collective agreements may contain provisions regarding wage conditions. It further notes the Government’s indication that the number of collective agreements is very low in general and that the determination of wages is often made through individual negotiations. Recalling the important role that the social partners can play in addressing the remuneration gap, the Committee asks the Government to take measures to promote effectively the principle of equal remuneration for men and women for work of equal value among workers and employers and their organizations. The Committee further asks the Government to provide information on the activities carried out by the network promoting gender equality in the field of remuneration and their impact on the inclusion of any clauses providing equal remuneration for men and women for work of equal value in collective agreements.

Enforcement. The Committee understands from the Government’s report that the labour inspectors have not recently identified any cases of discrimination in remuneration between men and women. It notes that in its report the Government refers to three applications regarding equal pay issues made in 2008 to the Gender Equality Commissioner, whose opinions are not legally binding, out of a total of 82 applications submitted, and to two decisions on equal remuneration made by the labour dispute committees in 2009. The Committee further observes that, according to the statistics provided by the Government in its report, the difference in the average gross hourly earnings between men and women was 26.9 per cent in 2006. The Committee asks the Government to indicate if the reasons for this low number of applications or complaints on pay inequalities have been investigated and recalls that it may be due to the lack of knowledge of the law and the rights derived therefrom among workers as well as law enforcers or difficulties in accessing complaints and dispute resolution mechanisms. It also asks the Government to provide information on any training or awareness-raising activities carried out by the competent authorities among those responsible for enforcing the principle, as well as workers and employers and their organizations regarding the principle of the Convention.

Statistical information. The Committee notes the statistical data provided by the Government in its report and asks the Government to continue to provide updated statistical information on the earnings of men and women.

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Articles 1 and 2 of the Convention. Legislation. The Committee notes the Government’s clarification that the wording in Estonian used in section 6(2)(s) of the Gender Equality Act and in section 51 of the Wages Act refers to “work of equal value”. The Committee asks the Government to continue to provide information on the implementation of these provisions including relevant administrative or judicial decisions.

Measures to promote equal remuneration for men and women for work of equal value. The Committee notes from the Government’s report that equal pay issues were addressed in the context of the twinning project “Equality between Men and Women – Principle and Objective for Effective and Sustainable Enterprises” in 2007 and 2008. The project was implemented with the participation of the social partners and the topics addressed included wage calculation and objective job evaluation. In this context, a set of guidelines has been prepared. A 2007 survey of the knowledge of employers on gender equality showed that 49 per cent of the executives surveyed had not acquainted themselves with the relevant legislation. Only 2 per cent of the companies had compared the average wage of their male and female employees during the recent years, whereas 60 per cent of the companies used job descriptions and 21 per cent undertook job evaluations. The Committee asks the Government to provide a copy of the abovementioned guidelines, as well as detailed information on further results of the twinning project, and any follow-up measures undertaken or envisaged to promote action at the enterprise level to promote equal remuneration for men and women for work of equal value, including through objective job evaluation.

Articles 2 and 4. Collective agreements and the role of the social partners. While noting that the twinning project has involved workers’ and employers’ organizations,  the Committee notes that the Government has not yet replied to its previous comments concerning the role of collective bargaining as a means to promote the realization of the principle of equal remuneration for men and women for work of equal value. The Committee therefore asks the Government to provide information on how collective agreements address equal pay issues and on any measures taken or envisaged to seek the collaboration of workers’ and employers’ organizations to give effect to the principle of the Convention.

Labour inspection. The Committee notes that the labour inspectorate has an obligation to promote equal treatment in labour relations and that the purpose of the training programme for labour inspectors under the PHARE programme mentioned previously was to provide knowledge to labour inspectors on how to identify unequal treatment. The Committee asks the Government to indicate the number and nature of equal pay cases identified and addressed by the labour inspectors, following this training activity.

Statistical information. The Committee asks the Government to provide updated statistical information on the earnings of men and women in its next report.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes the adoption of the Gender Equality Act of 2004, which, according to the English translation available to the Office, provides in section 6(2)(3) that the activities of employers are discriminatory if they establish “conditions for remuneration or other conditions which are less favourable regarding an employee or employees of one sex compared with an employee or employees of the other sex doing the same or equivalent work”. The Committee recalls that the notion of work of equal value as expressed in the Convention is broader than the notion of same, similar or identical work. Rather, equal value also implies a comparison of jobs performed by men and women which are different but nonetheless of equal value. In this respect, the Committee asks the Government to clarify whether the reference to equivalent work in section 6(2)(3) of the Gender Equality Act is intended to reflect the notion of “work of equal value” as contained in Article 1(b) of the Convention.

2. Further to the above, and recalling its previous comment with respect to the principle of equal remuneration under the Wages Act, the Committee notes that the Government’s report does not clarify whether the term “equal work” in section 51, paragraph (1), of the Act includes the notion of “work of equal value” as set out in Article 1(b) of the Convention. The Committee, therefore, reiterates its request to the Government to elaborate on the term “equal work” in the Wage Act and to indicate whether it is to be interpreted to mean work of equal value in accordance with the Convention.

3. Article 2(2)(c). Collective agreements. The Committee notes the Government’s statement that trade unions play an important role in drawing the attention of state supervisory bodies to violations of the principle of equal pay as well as in the negotiation of collective agreements in connection with the promotion of equal pay. It notes, however, the Government’s indication that current collective agreements are very weak when it comes to addressing equal remuneration. Recalling that Article 2(2)(c) of the Convention envisages the application of the Convention’s principles through collective agreements concluded between employers and workers and noting that collective bargaining plays a significant role in the determination of wages under the Wages Act, the Committee asks the Government to provide information on the measures taken to cooperate with the employers’ and workers’ organizations concerned for the purpose of giving effect to the provisions of the Convention, including awareness-raising and training programmes.

4. Article 3(1). Objective job appraisals. The Committee recalls its previous comments regarding sections 9, 10 and 11 of the Wages Act concerning the methods used by the employer for the establishment and calculation of wage rates. In this respect, the Committee had drawn the Government’s attention to the fact that the employer’s decision may be subject to gender bias, including the undervaluing of work performed by women, which may result in wage discrimination. The Committee had therefore suggested the application of objective job evaluation (Article 3) as the method for calculating remuneration in conformity with the principles of the Convention. Noting that no further information has been received on this matter, the Committee reiterates its requests to the Government to provide information on the measures taken to apply the abovementioned provisions of the Wages Act in accordance with the Convention, that is without gender bias, and to promote the application of objective job evaluation by employers.

5. Recalling its comments concerning the impact on the employment of women of section 68 of the Employment Contracts Act under which the National Labour Inspectorate may authorize that enterprises place employees on part-time status, or on holiday leave, with partial pay due to a temporary decrease in work volume or orders, the Committee notes that the Government has requested information from the National Labour Inspectorate on the gender composition of the workers affected. The Government is asked to provide the information requested with its next report. Further recalling the Government’s information on the training programme for labour inspectors on job evaluation and equal treatment (PHARE), the Committee reiterates its request to the Government to indicate the impact of this programme on the National Labour Inspectorate’s capacity to supervise the legislation relevant to the application of the Convention.

6. Part III of the report form. Enforcement. The Committee notes that under section 7(3) of the Gender Equality Act, an employee has the right to demand that an employer both explain the method for calculating salaries and provide other necessary information, on the basis of which it is possible to decide whether wage discrimination has occurred. With respect to the enforcement mechanisms established under the Gender Equality Act, the Committee notes the appointment of a Gender Equality Commissioner (section 15) who acts as an independent and impartial expert to monitor compliance with the Act, to accept applications from individuals concerning possible cases of discrimination and to advise the Government on issues relating to the Act’s implementation. The Act additionally sets up a Gender Equality Council (section 24) to function as an advisory body within the Ministry of Social Affairs, approving the general objectives of gender equality policy and advising the Government in this regard. The Committee asks the Government to: (1) provide information on the practical application of the Gender Equality Act, including information on any judicial or administrative decisions under the Act dealing with the principle of equal pay; and (2) provide information on the work of the Gender Equality Commissioner and Council in promoting and ensuring the application of the principle of equal remuneration for men and women workers for work of equal value.

7. Part V of the report form. General appreciation of the application of the Convention. The Committee notes from the statistics provided in the Government’s report that in 2003 women still only earned 75.8 per cent of the average hourly wage earned by men. It notes that although the gap between men and women has narrowed since the country’s independence, it has not significantly improved since 2001, when women earned 75.7 per cent of men’s earnings. In this context, the Committee notes the Government’s reference to a recent study entitled “Men and women in the Estonian labour market: assessing the gender wage gap”. According to this study, a large part of the wage difference arises from people’s attitudes, which are expressed in the labour market behaviour of employers and their selection of employees. Noting the Government’s statement that changes in societal attitudes are enhanced by increased awareness, the Committee asks the Government to provide information on what measures it is taking in the private and public sectors as well as in cooperation with workers’ and employers’ organizations to raise awareness with respect to the principle of equal pay for work of equal value. Recalling also its earlier comments on the horizontal and vertical segregation of working women, the Committee asks the Government to indicate what policies it has adopted or is considering, particularly within the framework of its national employment strategy, to counteract the disproportionate number of women working in low-pay and low-responsibility jobs.

8. Statistics. The Committee notes that according to section 11(2) of the Gender Equality Act, employers are under an obligation to collect employment data based on gender to enable the relevant institutions to monitor and assess whether the principle of equal treatment is being applied in practice. In this context, the Committee asks the Government to provide statistics in its next report on the distribution of men and women among various occupations and at different levels of responsibility in both the private and public sectors.

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1. Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes the adoption of the Gender Equality Act of 2004, which, according to the English translation available to the Office, provides in section 6(2)(3) that the activities of employers are discriminatory if they establish "conditions for remuneration or other conditions which are less favourable regarding an employee or employees of one sex compared with an employee or employees of the other sex doing the same or equivalent work". The Committee recalls that the notion of work of equal value as expressed in the Convention is broader than the notion of same, similar or identical work. Rather, equal value also implies a comparison of jobs performed by men and women which are different but nonetheless of equal value. In this respect, the Committee asks the Government to clarify whether the reference to equivalent work in section 6(2)(3) of the Gender Equality Act is intended to reflect the notion of "work of equal value" as contained in Article 1(b) of the Convention.

2. Further to the above, and recalling its previous comment with respect to the principle of equal remuneration under the Wages Act, the Committee notes that the Government’s report does not clarify whether the term "equal work" in section 51, paragraph (1), of the Act includes the notion of "work of equal value" as set out in Article 1(b) of the Convention. The Committee, therefore, reiterates its request to the Government to elaborate on the term "equal work" in the Wage Act and to indicate whether it is to be interpreted to mean work of equal value in accordance with the Convention.

3. Article 2(2)(c). Collective agreements. The Committee notes the Government’s statement that trade unions play an important role in drawing the attention of state supervisory bodies to violations of the principle of equal pay as well as in the negotiation of collective agreements in connection with the promotion of equal pay. It notes, however, the Government’s indication that current collective agreements are very weak when it comes to addressing equal remuneration. Recalling that Article 2(2)(c) of the Convention envisages the application of the Convention’s principles through collective agreements concluded between employers and workers and noting that collective bargaining plays a significant role in the determination of wages under the Wages Act, the Committee asks the Government to provide information on the measures taken to cooperate with the employers’ and workers’ organizations concerned for the purpose of giving effect to the provisions of the Convention, including awareness-raising and training programmes.

4. Article 3(1). Objective job appraisals. The Committee recalls its previous comments regarding sections 9, 10 and 11 of the Wages Act concerning the methods used by the employer for the establishment and calculation of wage rates. In this respect, the Committee had drawn the Government’s attention to the fact that the employer’s decision may be subject to gender bias, including the undervaluing of work performed by women, which may result in wage discrimination. The Committee had therefore suggested the application of objective job evaluation (Article 3) as the method for calculating remuneration in conformity with the principles of the Convention. Noting that no further information has been received on this matter, the Committee reiterates its requests to the Government to provide information on the measures taken to apply the abovementioned provisions of the Wages Act in accordance with the Convention, that is without gender bias, and to promote the application of objective job evaluation by employers.

5. Recalling its comments concerning the impact on the employment of women of section 68 of the Employment Contracts Act under which the National Labour Inspectorate may authorize that enterprises place employees on part-time status, or on holiday leave, with partial pay due to a temporary decrease in work volume or orders, the Committee notes that the Government has requested information from the National Labour Inspectorate on the gender composition of the workers affected. The Government is asked to provide the information requested with its next report. Further recalling the Government’s information on the training programme for labour inspectors on job evaluation and equal treatment (PHARE), the Committee reiterates its request to the Government to indicate the impact of this programme on the National Labour Inspectorate’s capacity to supervise the legislation relevant to the application of the Convention.

6. Part III of the report form. Enforcement. The Committee notes that under section 7(3) of the Gender Equality Act, an employee has the right to demand that an employer both explain the method for calculating salaries and provide other necessary information, on the basis of which it is possible to decide whether wage discrimination has occurred. With respect to the enforcement mechanisms established under the Gender Equality Act, the Committee notes the appointment of a Gender Equality Commissioner (section 15) who acts as an independent and impartial expert to monitor compliance with the Act, to accept applications from individuals concerning possible cases of discrimination and to advise the Government on issues relating to the Act’s implementation. The Act additionally sets up a Gender Equality Council (section 24) to function as an advisory body within the Ministry of Social Affairs, approving the general objectives of gender equality policy and advising the Government in this regard. The Committee asks the Government to: (1) provide information on the practical application of the Gender Equality Act, including information on any judicial or administrative decisions under the Act dealing with the principle of equal pay; and (2) provide information on the work of the Gender Equality Commissioner and Council in promoting and ensuring the application of the principle of equal remuneration for men and women workers for work of equal value.

7. Part V of the report form. General appreciation of the application of the Convention. The Committee notes from the statistics provided in the Government’s report that in 2003 women still only earned 75.8 per cent of the average hourly wage earned by men. It notes that although the gap between men and women has narrowed since the country’s independence, it has not significantly improved since 2001, when women earned 75.7 per cent of men’s earnings. In this context, the Committee notes the Government’s reference to a recent study entitled "Men and women in the Estonian labour market: assessing the gender wage gap". According to this study, a large part of the wage difference arises from people’s attitudes, which are expressed in the labour market behaviour of employers and their selection of employees. Noting the Government’s statement that changes in societal attitudes are enhanced by increased awareness, the Committee asks the Government to provide information on what measures it is taking in the private and public sectors as well as in cooperation with workers’ and employers’ organizations to raise awareness with respect to the principle of equal pay for work of equal value. Recalling also its earlier comments on the horizontal and vertical segregation of working women, the Committee asks the Government to indicate what policies it has adopted or is considering, particularly within the framework of its national employment strategy, to counteract the disproportionate number of women working in low-pay and low-responsibility jobs.

8. Statistics. The Committee notes that according to section 11(2) of the Gender Equality Act, employers are under an obligation to collect employment data based on gender to enable the relevant institutions to monitor and assess whether the principle of equal treatment is being applied in practice. In this context, the Committee asks the Government to provide statistics in its next report on the distribution of men and women among various occupations and at different levels of responsibility in both the private and public sectors.

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The Committee notes the Government’s reports and the attached legislation.

1. The Committee notes that women earned 75.7 per cent of men’s average hourly gross wages in 2001, slightly up from 73.5 per cent in 1999 and 75.4 in 2000. The Committee also notes that women’s earnings have increased in some occupational groups such as senior officials, managers and professionals, while the wage gap has widened in others, such as in the group of plant and machine operators, assemblers and among clerks. Recalling its previous comments on the effects of horizontal and vertical occupational segregation in the labour market, the Committee encourages the Government to deepen its analysis of the causes of, and ways to reduce, the existing wage gap on the basis of statistical information on the distribution of men and women in the various occupational groups and subgroups and in the different levels of responsibility (private and public sector). Noting from the report that such information is not yet available, the Committee asks the Government to indicate the measures taken to enhance the availability of such data, as outlined in the 1998 general observation. Please also provide information on any measures taken or envisaged with a view to closing the gender wage gap through the application of the Convention, including in the framework of the national employment strategy.

2. The Committee notes that section 2(1) of the Wages Act, 1994, as amended in May 2001, defines the term "wages" broadly as including basic wages, additional remuneration, bonuses and additional payments, which is in accordance with the Convention. The Committee also notes that new section 5bis ("principle of equal remuneration") provides in paragraph (1) that the establishment of different wage conditions for the same or equal work to employees of different sex is prohibited. Under section 3(1), the term "wage conditions" is defined as including wage rates, additional remuneration and payments, methods of calculation and procedures for payment. The Committee also notes that under section 5(2)(2) of the draft Gender Equality Act supplied by the Government in September 2002, the employer is prohibited from applying to an employee or a group of employees, on the basis of sex, terms of remuneration or other conditions less favourable than those he or she applies to an employee or employees of the opposite sex in the same work or work of equal value. The Committee welcomes the inclusion of section 5(2)(2) in the draft Gender Equality Act and its explicit inclusion of the principle of equal remuneration for work of equal value. The Committee notes that it is not clear from the official text of the Wages Act, as amended, supplied by the Government whether the notion of equal value is included in section 5bis and asks the Government to elaborate on the meaning of the term "equal work" and indicate whether it is to be interpreted as meaning work of equal value. In the meantime, the Government is asked to provide information on the practical application of section 5bis of the Wages Act and to keep the Committee informed on the progress made with regard to the adoption of the Gender Equality Act.

3. The Committee recalls that under section 9 of the Wages Act, the employer shall establish wage rates applicable in his or her undertaking according to the differences of the tasks and working conditions, based on the collective agreement. The employer also decides which method of calculation of remuneration ("wage system") is applied (section 11), taking into account any applicable collective agreement. The specific wage rate applicable to a particular employee is then to be determined by agreement between the employer and the particular employee when they enter into a labour contract (section 10). In this respect, the Committee draws the Government’s attention to the fact that gender bias may influence the employer’s decision establishing wage rates, wage systems, and with regard to applying a certain rate to a female employee, resulting in an undervaluing of work performed by women. In order to eliminate gender bias leading to wage discrimination, the Convention suggests the application of objective job evaluation (Article 3) as the method for calculating remuneration in conformity with the principles of the Convention. Noting from the Government’s reports that no "methodology for the evaluation of equal remuneration for equal work" has yet been established, the Committee asks the Government to provide information on the measures taken to apply the abovementioned provisions of the Wages Act in accordance with the Convention, and to promote the application of objective job appraisals.

4. The Committee notes from the Government’s report that the Confederation of Trade Unions has indicated that the issue of equal remuneration for men and women has not been a subject of collective bargaining, citing lack of awareness as one of the underlying reasons. Recalling that Article 2(2)(c) of the Convention envisages the application of the Convention’s principles through collective agreements concluded between employers and workers and noting that collective bargaining plays a significant role in the determination of wages under the Wages Act, the Committee asks the Government to provide information on the measures taken to cooperate with the employers’ and workers’ organizations concerned for the purpose of giving effect to the provisions of the Convention, including awareness raising and training programmes.

5. Recalling its comments concerning the impact on the employment of women of section 68 of the Employment Contracts Act under which the National Labour Inspectorate may authorize that enterprises place employees on part-time status, or on holiday leave, with partial pay due to a temporary decrease in work volume or orders, the Committee notes that the Government has requested information from the National Labour Inspectorate on the gender composition of the workers affected. The Government is asked to provide the information requested with its next report.

6. Finally, the Committee asks the Government to provide information on the training for labour inspectors on job evaluation and equal treatment envisaged to be held in the autumn of 2003 under the PHARE programme and its impact on the National Labour Inspectorate’s capacity to supervise the legislation relevant to the application of the Convention. It would also appreciate receiving information on any judicial or administrative decisions handed down relevant to the principle of equal remuneration for men and women for work of equal value, particularly decisions applying the newly adopted equal remuneration provisions of the Wages Act.

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1.  The Committee notes from the report that, according to the National Statistics Office, women’s average wages are 75 per cent of men’s average wages. The Government attributes this wage disparity to the existence of horizontal and vertical occupational segregation. In this respect, the Committee notes that the publication supplied by the Government, Towards a balanced society: Women and men in Estonia, states that "women are widely represented mostly in occupations that are not very prestigious in society and where the wages are below the average. The number of women in higher positions is much smaller than the number of men". The publication cited further states that women’s wages have been approximately 25 per cent lower than those of men throughout the whole period following Estonia’s regained independence, and that the disparity between men’s and women’s wages has increased during the last decade. From 1992 to 1998, the wage gap widened in all sectors, with the exception of skilled, agricultural and fishery workers, where wage disparities diminished (from 17 per cent in 1992 to 9 per cent in 1998). The wage gap widened most notably in respect of service workers, shop and market sales workers, where the gap widened from 16 per cent in 1992 to 36 per cent in 1998. The Committee notes from the report that a number of measures to reduce the wage gap are contained in the National Employment Action Plan for 2001-03 and include: employment training, creation of conditions designed to facilitate entrepreneurship, particularly among women, creation of new jobs to reduce unemployment and special training programmes to assist economically inactive persons, particularly women, in re-entering the Estonian labour market. The Government is asked to continue to provide information in future reports on the measures taken to reduce the existing wage disparity between men and women and the progress achieved.

2.  The Committee had previously noted that, while section 5 of the Wages Act specifically prohibits any increase or reduction of a wage based on an employee’s gender, no provision in the national legislation gives legislative expression to the principle of the Convention. The Committee notes from the report that amendments to the Wages Act, including provisions on equal remuneration, are expected to be adopted in 2000-01. It hopes that the amendments will express the principle of equal remuneration for men and women workers for work of equal value. The Committee asks the Government to keep it informed of developments in this respect and to supply a copy of the amendments to the Wage Act once they are adopted. With respect to its earlier comments concerning the PHARE project on equal treatment and working conditions for men and women, the Committee notes that the project report, completed in July 1999, contained proposals to address weaknesses in Estonian legislation, including proposals for drafting a gender equality Act. Noting that a draft gender equality Act is expected to be prepared in October 2000, the Committee hopes that it also promotes application of the Convention and requests a copy of the draft once it is completed. Please also forward to the Office a copy of the new Employment Contracts Act, once it is adopted.

3.  Article 2 of the Convention.  The Committee notes the state public servants’ salary scale supplied by the Government. Noting that the scale provided ranges from salary grade 7 to grade 35, the Committee asks the Government to indicate the percentages of men and women at the different grades.

4.  Article 3.  With respect to the determination of the relative value of work, the Government states that the trade unions consider that it is not clear how work should be evaluated, and that workers’ organizations do not see any disparities in collective and wage agreements. The Committee notes that the sample copies of collective agreements in various sectors supplied by the Government are gender-neutral. The Government indicates that, pursuant to the Wages Act, an employer establishes a wage system to calculate rates of remuneration for work performed, in accordance with collective agreements. Section 11 of the Wages Act establishes that the wage system to be applied to the remuneration of an employee shall be determined in the employment contract agreed to by the parties. The Committee noted previously that section 11 of the Wages Act requires employers to establish wage systems in enterprises. Further, section 9 of the Wages Act, which requires employers to establish wage rates in enterprises, contemplates comparisons between jobs on the basis of the tasks and conditions of work. The Committee therefore requests that the Government provide information on the manner in which direct or indirect gender bias is removed from the "wage systems" established pursuant to the Wages Act and on the methods used by private sector employers in establishing "wage rates in enterprises, institutions or other organizations in accordance with differences in tasks and conditions of work" (section 9 of the Wages Act). With respect to the public sector, the Government is requested to provide information on the methods used to establish rates of remuneration, including methods adopted for the objective appraisal of jobs on the basis of the work to be performed.

5.  The Committee notes from the report that, pursuant to section 68 of the Employment Contracts Act, the National Labour Inspectorate gave its consent to allow 673 enterprises with 31,603 workers to place employees on part-time status, or on holiday leave, with partial pay due to a temporary decrease in work volume or orders. While noting the Government’s statement that the Inspectorate does not have gender-specific data on the workers affected, the Committee would appreciate receiving information on the impact of section 68 on women’s employment, as well as information on the percentages of men and women in part-time employment.

6.  Article 4.  The Committee notes that the Confederation of Trade Unions and the Confederation of Employers and Industry signed a cooperation agreement with the Government in late 1999 which contains a chapter on equal remuneration. The Government is requested to provide additional information regarding the provisions of the cooperation agreement relevant to the application of the provisions of the Convention, as well as to supply concrete information on the measures taken in cooperation with the social partners for purposes of giving effect to the Convention.

7.  With respect to its earlier request for information on the activities of the National Labour Inspectorate in supervising the application of the national legislation relevant to the Convention, the Committee notes that, in 1999, 75 per cent of the complaints handled by labour dispute committees involved claims for unpaid wages and other compensation. The Committee would be grateful if the Government would continue to supply information concerning the activities of the Inspectorate relevant to the application of the Convention, including the number of inspections carried out during the reporting period, the number of equal remuneration violations found, the action taken and the outcome. It would also appreciate receiving information on any judicial or administrative decisions handed down relevant to the principle of equal remuneration for men and women for work of equal value.

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The Committee notes the information contained in the Government's first report.

1. The Government's report indicates that the wage disparity between men and women in Estonia is "due to the employment of women in branches of activities, work and posts where wages are the lowest". The Committee would be grateful if the Government would provide information, including statistical data, on the distribution of men and women in the various occupations and at various levels, indicating rates of remuneration for both the public and private sectors, and the measures taken to reduce pay disparity.

2. The Committee notes that, while section 5 of the Wages Act specifically prohibits any increase or reduction of wage based on an employee's gender, no provision in the national legislation gives legislative expression to the principle of equal remuneration for men and women workers for work of equal value. The Committee therefore requests the Government to indicate the manner in which it ensures that the principle of equal value is applied in practice and whether it envisages taking measures to give legislative expression to the principle of the Convention. In this connection, the Committee would be grateful if the Government would supply information in its next report on the activities of the PHARE project concerning application of European Economic Community Directives 75/117 and 76/207 on equal pay and equal treatment for men and women, including copies of any studies or conclusions produced by or as a result of the project.

3. Article 2 of the Convention. The Committee notes that the Wages Act establishes that the Government sets the minimum wage, while the employer establishes wage rates through the collective bargaining process. Further, section 9 of the Public Service Act provides that the Government sets the grades and rates of remuneration for most public sector employees. The Committee would, therefore, be grateful if the Government would provide, in its next report, copies of the minimum wage decrees currently in force in Estonia for both the public and private sectors. Further, the Committee requests the Government to provide copies of collective bargaining agreements in various sectors, as well as to indicate the manner in which it promotes and ensures the application of the principle set out in the Convention in collective bargaining with which it is not associated.

4. Article 3. The government report provides no information regarding any measures which may have been taken or contemplated to promote or establish objective appraisals of jobs on the basis of the work performed. The Committee notes that section 11 of the Wages Act requires employers to establish wage systems in enterprises. Further, section 9 of the Wages Act, which also requires employers to establish wage rates in enterprises, contemplates comparisons between jobs on the basis of the tasks and conditions of work. The Committee requests the Government to provide information on the manner in which the principle of equal remuneration is promoted in the "wage systems", established in section 11 and on the methods used by the employer in establishing "wage rates in enterprises, institutions or other organizations in accordance with differences in tasks and conditions of work" (section 9 of the Wages Act). With respect to the public sector, the Government is requested to provide information on the methods used to establish rates of remuneration, including methods adopted for the objective appraisal of jobs on the basis of the work to be performed.

5. Section 68 of the Employment Contracts Act entitles an employer to place an employee on part-time status for up to three months per year or to send the employee on a holiday with partial pay for the same period upon a temporary decrease in work volume or orders, provided that the employer obtains the consent of the appropriate labour inspector. The Committee notes that this provision is gender neutral on its face; however, it requests the Government to provide information on the manner in which this provision is applied in practice, including statistical data, disaggregated by sex, on the number of workers affected by this provision.

6. The Committee notes that section 35 of the Employment Contracts Act prohibits the employment of women in heavy work, which poses a health hazard, or underground work, and provides that the list of the types of work prohibited for women will be determined by the Government of the Republic. The Committee would be grateful if the Government would provide a copy of this list in its next report.

7. Article 4. The Committee requests the Government to supply information on the methods of the Government's cooperation with the social partners for purposes of giving effect to the provisions of the Convention.

8. The Committee notes the Government's statement that the National Labour Inspectorate is the authority charged with supervising the application of the national legislation relevant to the Convention. It therefore requests the Government to supply information on the activities of the Inspectorate in implementing the provisions of the Convention, including the number of inspections carried out during the reporting period, the number of equal remuneration violations found, the action taken and the outcome.