Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the detailed information contained in the Government’s report, the attached legislation and the additional information.

1. Gender wage gap. The Committee notes the Government’s statement that the labour market situation for women and men has not changed significantly since its previous report, and that wage differentials between women and men are changing slowly. The Government also states that gender segregation of the labour market and structural factors continue to be the main reason for wage differentials, and in order to secure equal remuneration for all men and women for work of equal value, continued action will be required. It notes in this respect the Government’s statement that maintaining employers’ and workers’ interest in wage developments between men and women workers at the company level contributes to reducing wage differentials; however, as it is difficult to quantify the effect one initiative will have, it is important that the reduction of wage differentials between men and women continues to have a high priority on the agenda for all parties concerned. With respect to the previously mentioned gender equality agreement concluded by the social partners on the county and municipal sector, which ended in October 2004, the Committee notes the Government’s statement that a subsequent review indicated that there are no longer any gender-related wage differentials in the municipal sector. The Committee asks the Government to continue to provide information regarding the gender pay gap in the public sector, as well as in the private sector, and to include an analysis of the distribution of the remuneration levels of women and men, broken down by sector, education level and occupational category. With respect to the review of wages in the municipal sector, the Committee would appreciate receiving further information, including whether comparisons were made across different occupational categories and branches.

2. Article 2 of the Convention. Legislative developments. The Committee notes with interest the amendments to the Gender Equality Act (Act No. 553 of 2002) establishing a permanent Gender Equality Board and transferring the competence to institute legal proceedings from the Minister to the secretariat. The Committee also understands that the Equal Pay Act has been amended by Act No. 906 of 27 August 2006, and that section 5(a) has been added, introducing the requirement that gender-segregated wage statistics be prepared annually by employers employing 35 workers or more. The provision also permits such employers to prepare a report on equal pay, with the agreement of the workers, instead of providing statistics. This report is to contain a description of the conditions that are important for determining the wage and establish an action plan for equal pay for work of equal value to be implemented within a three-year period. The Committee notes the Government’s statement that the purpose of the amendments is to promote visibility and information about wage differentials. The Committee also notes the order issued by the Minister of Gender Equality on 29 March 2004 providing that certain gender equality measures can be initiated without dispensation (which was previously required) for a period of two years if either gender represents only 25 per cent or less in a specific area. Furthermore, the Committee notes that the Government was planning to submit a bill on a maternity equalization scheme for the private sector, which would be mandatory for employers not party to a centralized collective agreement, to strengthen women’s position on the labour market by levelling out employer payroll costs during absence due to maternity or parental leave. The Committee asks the Government to provide information on any proceedings brought before the Gender Equality Board with respect to equal remuneration for work of equal value, and the results thereof. Please also keep the Committee informed regarding the practical application of the amendments to the Equal Pay Act, and regarding any developments with respect to the adoption of the Bill on a maternity equalization scheme.

3. Promotional measures. The Committee notes the numerous initiatives planned and being undertaken to promote equal pay. One such initiative, which is a collaborative effort between the Department of Gender Equality, the Ministry of Employment, the Confederation of Danish Employers (DA) and the Danish Confederation of Trade Unions (LO), involves interviewing companies and issuing guidance notes to support efforts to promote equal pay for work of equal value, including through wage negotiations, and providing specific tools, methodology and advice on how wage differentials can be reduced. In addition, an inter-ministerial working group is to submit a report in 2006 on the characteristics of the gender-segregated labour market in Denmark, which will examine gender-segregated choices in education and employment, and who influences those choices. The Department of Gender Equality, the Ministry of Employment and the Ministry of Education have also commissioned a survey to examine the segregated labour market, focusing in particular on the horizontal division and the sliding gender-based distribution of labour in the workplace (women having received the same education and training or having the same qualifications, but still performing different functions at the same workplace and receiving different remuneration). The survey will contain specific recommendations on how to address gender segregation in the labour market. The Committee further notes that the employment service system, as from 2002, introduced gender mainstreaming in selected core services to promote a more flexible labour market and to contribute to breaking down gender segregation. The Committee asks the Government to continue to provide information regarding the practical measures taken or envisaged to promote equal remuneration for men and women for work of equal value. It also looks forward to receiving the results of the survey undertaken and the report of the inter-ministerial working group, and information on any follow-up foreseen. The Committee also asks the Government to provide information on the impact of the other promotional measures noted with respect to ensuring equal remuneration for men and women for work of equal value.

4. Article 4. Employers’ and workers’ organizations. The Committee notes that in 2003, the DA and the LO published a report on the wage gap between men and women showing that the gender-segregated labour market continues to be the main reason for wage differentials. The Committee notes the Government’s statement that, with the 2005 collective bargaining settlement, the Ministry of Finance and the Joint Committee of the Central Organizations (CFU) have entered into a revised agreement on balanced wage developments in the state sector labour market, agreeing to give attention to ensuring balanced wage developments in the new pay systems, particularly among different staff groups, and ensuring that no gender-based inequalities develop in the local wage structure. The Committee also notes that both the DA and the LO in 2004 introduced a maternity equalization scheme to level out companies’ expenses relating to the collective agreement when a worker takes maternity or parental leave. Furthermore, in 2005, the municipal parties (Local Government Denmark (KL) and the Salaried Employees’ and Civil Servants’ Confederation (FTF)) implemented a number of initiatives to improve pay-related gender equality, including a maternity equalization scheme. The Committee asks the Government to provide information on the results achieved through collective agreements or other initiatives of the social partners relating to equal remuneration for men and women for work of equal value, and to keep the Committee informed of any further initiatives in this regard.

5. With respect to its previous request for information, the Committee notes the Government’s statement that it has no new information with respect to the agreement reached between the LO and the agricultural sector for the entitlement of trade unions to receive relevant data so as to determine whether there is a basis for taking legal action in equal remuneration cases, and that the legal database linked to the activities of the Minister of Equality, the Knowledge Centre and the Equal Status Board, referred to previously, has not been realized due to lack of resources. The Committee asks the Government to provide any information regarding the practical application of the agreement between the LO and the agricultural sector in its next report.