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

Equal Remuneration Convention, 1951 (No. 100) - Latvia (Ratification: 1992)

The Committee notes the Government’s report which integrates observations of the Latvian Union of Free Trade Unions and the Latvian Confederation of Employers.

1. Assessment of the gender pay gap. The Committee notes from the statistical information provided by the Government that the gender pay gap (average gross monthly wages) in the public sector increased from 18.5 per cent in 2003 to 20.1 per cent in 2005, while it decreased in the private sector from 22.9 to 20.2 per cent. Women tend to be under-represented in better-paid jobs in both sectors. According to EUROSTAT data, the gender gap for average hourly earnings was 15 per cent in 2004. The Committee asks the Government to continue to provide similar statistical information on the earnings of men and women in the private and public sectors, as far as possible in accordance with the Committee’s 1998 general observation.

2. Article 2. Application by means of laws and regulations. Public service. The Committee notes that the Government decided, in February 2005, on the establishment of a new unified wage system for the public service, inter alia, with a view to ensure equal remuneration for jobs of equal value. The Labour Law was amended in October 2005 to provide that positions in the public sector shall be classified in groups and levels of positions according to basic work tasks. The State Civil Service Law was amended to provide that a civil servant should receive a monthly wage, which shall be set by the head of the institution according to the group, position and grade in accordance with the amount and procedures set by the Cabinet of Ministers. In addition, the Committee notes that Cabinet Regulation No. 310 of 3 March 2005, establishes a new catalogue of civil service positions and that Cabinet Regulation No. 995 of 20 December 2005, establishes a new system for the remuneration of public employees. Under the new system the level of remuneration is based on two factors: (1) the groups and level to which the civil servant’s position belongs, as defined by the catalogue of positions; and (2) the qualification grade of the civil servant or public employee, which is determined on the basis of individual performance and length of service. The Committee notes the Government’s statement that the catalogue of positions and the new remuneration system does not provide for different conditions for job classification and determination of remuneration according to sex which, in the Government’s view, ensured equal rights for men and women. The Committee asks the Government to provide information on the steps taken to ensure that the methodology applied for assessing and categorizing jobs in the context of these regulations avoids sex bias, and statistical information on the distribution of men and women in the various professional groups defined by the catalogue of positions. The Committee also asks the Government to monitor the impact of these reforms on the gender pay gap in the public sector and provide to the Committee’s conclusions in this regard.

3. Application by means of collective agreements. The Committee notes the information provided by the Government on the views expressed by the social partners concerning the application of the Convention in the context of collective bargaining. According to the Latvian Union of Free Trade Unions, a number of collective agreements made reference to the principles of the Convention but that these references were not always precise. The general view among trade unions was that the legislation appropriately dealt with the principle of equal remuneration in accordance with the Convention. Nevertheless, some unions expressed interest in including a specific reference to the principle of equal remuneration for men and women for work of equal value in future agreements. The Latvian Confederation of Employers also considered that the Convention’s principle was included in collective agreements only in a fragmentary manner. Noting the examples of equal pay provisions currently contained in collective agreements provided, the Committee stresses the importance of ensuring that such provisions fully and correctly reflect the principle of equal remuneration as set out in the Convention and the legislation. The Committee also encourages the social partners to go beyond stating the principle, and to provide means and mechanisms to address existing gender wage gaps, e.g. through collection and monitoring of data concerning men’s and women’s pay or objective job evaluation free from gender bias. The Committee asks the Government to continue to provide information on the measures taken in Latvia to promote equal remuneration through collective bargaining, including examples of collective agreements that deal with equal remuneration issues.

4. Article 4. Objective job evaluation. In the absence of any information on this matter in reply to it previous comments, the Committee asks the Government once again to indicate any measures taken or envisaged to promote the development and implementation of objective job evaluation methods on the basis of the work performed with a view to promoting the setting of wages without discrimination based on sex.

5. Enforcement. The Committee notes from the Government’s report that the situation with regard to the absence of complaints concerning wage discrimination made to the labour inspection authorities or the National Human Rights Office (NHRO) remained unchanged. While the Committee notes the view of the Latvian Union of Free Trade Unions that the administrative penalties for violations of the equal pay provisions of the Labour Law have an important preventive effect, it also notes from the Government’s report that in the context of the NHRO’s awareness-raising activities, women stated that their male colleagues received higher wages but that they did not raise complaints out of fear of losing their jobs. The Committee asks the Government to provide information on the measures taken or envisaged to strengthen the enforcement of equal pay provisions, including indications whether consideration could be given to authorizing labour inspectors to undertake inspections concerning equal remuneration on their own initiative.