Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Equal Remuneration Convention, 1951 (No. 100) - Ukraine (Ratification: 1956)

1. Determination of remuneration and objective job evolution. The Committee notes that the Government provides no new information regarding this matter. The report again states that the wage and salary scales approved by the Cabinet of Ministers are established on the basis of the complexity of work, the organizational and legal level of a position, functions performed and working conditions, and that the sectoral agreements apply the principle of equal remuneration for work of equal value by determining wage rates for specific occupations on the basis of the level of professional qualifications.

2. The Committee notes that the manner in which wage rates are established, as described by the Government, may ensure to some extent non-discriminatory wages and salaries for men and women, but it remains unclear whether the methods used to evaluate the work performed in the different jobs and occupations are appropriate to eliminate gender bias in the determination of wage rates. The Committee recalls that the Convention envisages the promotion of objective job evaluation methods as an important tool to prevent the gender-biased undervaluation of jobs and occupations that are predominantly carried out by women, resulting in lower wages as compared to those applying to jobs and occupations predominantly carried out by men. The Committee therefore asks the Government to supply information on the measures taken to promote the use of objective job evaluation methods, free from gender bias, with a view to promoting and ensuring the establishment of wage and salary scales in accordance with the principle of equal remuneration for men and women for work of equal value.

3. Statistical data. The Committee notes that despite its detailed previous comments on this matter, the Government’s report does not contain any statistical information on remuneration received by men and women. The Committee emphasizes that in order to promote a better application of the Convention, efforts are needed to strengthen the analysis of sex-based wage inequalities on the basis of appropriate statistical data. In this respect, the Committee notes that under article 5 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men 2006, the central governmental body in the field of statistics shall ensure the collection, processing and analysis of statistical data concerning the conditions of women and men in all spheres of life and society, and that such data shall be an integral part of statistical reporting by the State.

4. In this context the Committee recalls that it requested governments in its 1998 general observation on this Convention to collect and provide in their reports the fullest possible statistical information, disaggregated by sex, with regard to the following:

(i)    the distribution of men and women in the public sector, the federal and/or state civil service, and in the private sector by earnings levels and hours of work (defined as hours actually worked or hours paid for), classified by: (1) branch of economic activity; (2) occupation or occupational group or level of education/qualification; (3) seniority; (4) age group; (5) number of hours actually worked or paid for; and, where relevant, by (6) size of enterprise and (7) geographical area; and

(ii)    statistical data on the composition of earnings (indicating the nature of earnings, such as basic, ordinary or minimum wage or salary, premium pay for overtime and shift differentials, allowances, bonuses and gratuities, and remuneration for time not worked) and hours of work (defined as hours actually worked or paid for), classified according to the same variables as the distribution of employees (points (1) to (7) of paragraph (i) above).

5. Where feasible, statistics on average earnings should be compiled according to hours actually worked or paid for, with an indication of the concept of hours of work used. Where earnings data are compiled on a different basis (e.g. earnings per week or per month), the statistics on the average number of hours of work should refer to the same time period (that is, by week or by month).

6. The Committee asks the Government to bring this comment to the attention of the central state body responsible for statistics and to provide in its next report information on the implementation of article 5 of the Law on Ensuring Equal Rights and Equal Opportunities of Women and Men 2006 as far as statistical data concerning the earnings of men and women is concerned. The Government is asked to provide full statistical data, as far as possible as set out above, in its next report.