Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Equal Remuneration Convention, 1951 (No. 100) - Denmark (Ratification: 1960)

The Committee notes the Government's report for the period ending 30 June 1989.

1. The Committee notes that the Equal Remuneration (Men and Women) Act was amended in 1989, to extend compensation for unfair dismissal, and to widen the powers of the Equality Council. It notes in particular that the Equality Council now has the power to investigate matters concerning the Equal Pay Act, either on its own initiative or acting on a request. The Committee requests the Goverment to continue to supply information on any action taken by the Equality Council in this respect.

2. The Committee notes the case law on section 1 of the Act, including the judgement of the Court of the European Communities of 17 October 1989 in the Danfoss case, and requests the Government to continue to supply information on the practical application of the Act.

3. In its previous comments, the Committee requested the Government to supply information on the branches of activity and the industrial sectors in which there were still discriminatory provisions in collective agreements concerning wages and supplementary social benefits, and on the progress achieved in attaining observance of the principle of equal remuneraton. It had further requested the Government to supply particulars concerning the way in which equivalence is measured in practice between the work performed by men and women, particularly in cases in which there is an occupational segregation based on sex. The Committee requested information in particular on all the measures that had been taken, in accordance with Article 3 of the Convention, to promote the objective appraisal of jobs on the basis of the work to be performed. The Committee referred in that connection to paragraphs 45 to 70 of its 1986 General Survey on Equal Remuneration in which examples can be found of the measures that may be taken in order to prevent certain criteria that appear to be neutral, of having the effect of maintaining discrimination based on sex. Lastly, the Committee requested the Government to supply full particulars on the measures that had been taken or were contemplated, in accordance with Article 4 of the Convention, to obtain the co-operation of the social partners in promoting the application of the principle of equal remuneration for work that is recognised to be of equal value.

The Committee notes that the Government's last report contains no replies to these requests. It asks the Government to provide such replies in its next report on the application of the Convention.