Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee notes the information contained in the Government's report and the detailed documentation attached.

1. The Committee notes from the statistical data in the annual report of 1997 of the Equal Opportunities Commission that the wage gap between men and women has not changed significantly over the last few years, remaining largest in the private sector, and significant in the public sector. In this regard, the Committee notes that the Ministry of Labour has launched a project on enterprise-based wage fixing, which will examine enterprise-based wage determination from an equal remuneration perspective. The Committee also notes the Government's statement that a much better statistical database is now available and that the Government is currently examining how this data can be used in the best possible manner. The Committee requests the Government to keep it informed on the project on enterprise-based wage fixing and the use of the new statistical database, and to provide information on any other measures taken or contemplated, which contribute to the effective realization of the principle of the Convention, including measures taken to improve the position of women in the labour market. Please also continue to supply statistical information to allow for an assessment of progress made towards the achievement of equal remuneration between men and women.

2. The Committee notes that a new wage system has been introduced in the public sector as of January 1998, which includes a basic pay rate, agreed upon at the central level, supplemented with centrally, decentrally or locally agreed allowances based on special functions attached to the job, or group of jobs, and on the employee's personal qualifications and performance. The wage system will also attempt to achieve a balance between public sector positions and similar positions on the private labour market. An additional performance-related pay element, which is to be agreed upon decentrally or locally, may be granted. The Committee requests the Government to provide, in its next report, information on the specific criteria determining "the special functions attached to the job and the personal qualifications and performance of the employee". The Committee notes that the new system continues the trend to further decentralize wage determination to individual workplaces and that it will change the wage-setting process dramatically. In this regard, the Committee recalls the findings in the report on the Danish Gender Wage Gap in the 1980s, which indicate that institutional changes in the general wage-setting process towards a more decentralized wage structure partly explained the stagnation in the equalization of the wage gap between men and women in the 1980s. Further, the local pay pools system -- which, according to the Government in its previous reports, strengthened the possibility of pursuing an equality policy -- would no longer be applied to those covered by the new pay system. The Committee thus requests the Government to indicate, in its next report, the measures taken or contemplated to promote the implementation of the principle of equal remuneration between men and women for work of equal value in the new pay system in the public sector and to provide statistics on the wage supplements granted on the basis of decentralized negotiations. Please also supply copies of the collective agreements agreed upon under the new system. With regard to local pay and remuneration of chief executives, the Committee requests the Government to keep it informed of any new pay system agreed upon in the future for this category of workers, and to provide a copy of the new manual on local pay and remuneration of chief executives, which will replace the 1993 Guide on Local Pay and Remuneration of Chief Executives.

3. In connection with arbitration and court cases concerning equal remuneration between men and women and information on the inspections carried out by the Equal Status Council in enterprises concerning equal pay, the Committee notes from the report of the Government that the Council has not yet carried out any investigations at the work place and has treated the five cases brought before it in 1996 and 1997 on the basis of the information submitted by the parties concerned. It further notes the Government's statement that the lack of competence of the Council to decide cases and to subpoena evidence may influence the falling number of cases brought before the Council, since a similar decline is not observed in the courts or in the industrial relations system. In this connection, the Committee notes that the future structure of the Equal Status Council is currently being discussed. It requests a copy of the report on the outcome of the discussions which, according to the Government, would be available in the latter part of 1998. The Committee further notes with interest that the Equal Status Council is currently establishing a database containing decisions on equality issues from the courts, the industrial system and statements from the Council's own case work. According to the Government, the database will be structured in such a way that it will be possible to monitor developments in Danish lawsuits concerning equal remuneration and the effect of the reversed burden of proof provided for in the Equal Remuneration Act. The Committee requests the Government to keep it informed of the developments in this regard and to continue to provide information on arbitration, court cases and cases (including case-related inspections) brought before the Equal Status Council concerning the application of the principle laid down in the Convention.

4. The Committee notes the various initiatives on gender-related problems in pension coverage (studies, projects, and a proposed Bill for the calculation of pension schemes on a gender-neutral basis) by the Minister of Economic Affairs, the Equality Status Council and the Ministry of Labour. The Committee requests the Government to keep it informed of the results of these initiatives.