Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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

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.