Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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

The Committee notes the information supplied in the Government's report in answer to its previous direct request, particularly regarding the activities to promote the principle of equal remuneration for men and women conducted by the Equal Status Council - projects, conferences, seminars, the publication of books, etc. - and by the social partners.

1. In its previous direct request, the Committee asked the Government to provide information on inspections carried out by the Equal Status Council and on the practical impact of the reversal of the burden of proof in arbitration and court cases - following the amendment of the legislation on equal remuneration. It notes the Government's reply that there have as yet been no studies to evaluate the impact of the amendment of the legislation. The Committee also notes the information to the effect that the number of equal pay cases brought before the Equal Status Council has been falling owing to the fact that the social partners prefer to deal with such cases within the framework of the machinery set up to settle industrial disputes. It asks the Government to continue to provide information on arbitration or court cases concerning the application of the principle laid down in the Convention. Noting that the Government has not indicated whether the Equal Status Council has used its authority to inspect enterprises when dealing with specific cases concerning equal pay, the Committee again asks the Government to provide information on any such inspections.

2. The Government indicated previously that the Equal Status Council had undertaken a three-stage equal pay project and that the final report on the first stage (identification of the factors affecting wage determination in so far as they maintain the wage gap between the sexes) would be published in early 1994. The Committee accordingly requested the Government to supply a copy of the report, as well as further information on the other two stages of the project. The Committee notes that the Government has not provided a copy of the document in question but summarizes its conclusions, which indicate that the wage gap between men and women broadened slightly in the 1980s. According to the project report, this situation arose largely from the fact that, in the 1980s, the Government's policy on pay in the public sector was restrictive and aimed at keeping the development of wages in the public sector at a significantly lower level than in the private sector - and in Denmark nearly 50 per cent of the female labour force is employed in the public sector. Another factor might be the high level of unemployment among women. The Committee would be grateful if the Government would indicate what measures this report recommends to reduce the wage gap between men and women and whether the Government plans to implement them. With regard to the second stage of the project - compiling better statistics on remuneration using a better methodology - the Committee notes that the initial study is being conducted by the Centre for Labour Market and Social Analyses; the Committee hopes that the Government will keep it informed of developments in this respect.

3. The Committee notes that the copy of the Guide on Local Pay and Remuneration of Chief Executives from 1993, which the Government states was appended to the report, was not received. The Committee therefore again requests the Government to provide a copy of this document. Furthermore, it notes that, in 1995, adjustments were made to the scheme for the local wages of executive staff and that, according to the Government, this decentralization does not seem to have had a negative impact on equal pay for men and women. In this connection, the Committee again asks the Government to provide, if possible, statistics on the granting of wages and supplements from local pay pools. The Committee notes with interest that the Minister of Finance has strongly encouraged state institutions to pay special attention to the problem of women's share of executive posts, and has asked these institutions to encourage women's participation in management courses and to organize working hours more flexibly with a view to reconciling work and family obligations. More generally, the Committee notes that, following the United Nations Fourth World Conference on Women held in Beijing in 1995, the Government has asked all ministries and agencies to examine the possibility of incorporating the principle of equal treatment in the existing legislation, which is bound to have an impact on the application of the principle of equality of remuneration.