Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Equal Remuneration Convention, 1951 (No. 100) - Montenegro (Ratification: 2006)

Articles 1 and 2 of the Convention. Application through laws and regulations. The Committee recalls that, while sections 5, 6 and 7(1)(2) and 7(2) of the Labour Law appear to provide protection against sex-based wage discrimination, Labour Law No. 49/08 does not explicitly provide for the principle of equal remuneration for men and women for work of equal value, nor does it expressly provide that rates of remuneration for men and women are to be determined without discrimination based on sex. In light of its general observation of 2006 on this Convention, the Committee had pointed to the importance of inserting a provision in the Labour Law expressly providing for the principle of the Convention. The Committee notes the Government’s reply that section 15(2) of the Labour Law, in providing that “the law shall use the terms employee and employer in male grammatical form and they shall be used as neutral expressions relating to both men and women”, provides for equality between men and women in exercising their labour rights, including the right to equal remuneration for equal work or work of equal value. The Government further indicates that no judicial or administrative decisions have been pronounced regarding the application of sections 5, 6, 7(1)(2) and 7(2) of the Labour Law in so far as they relate to equal remuneration for men and women, and no employees have addressed the labour inspection regarding violations of these provisions. The Committee recalls sections 8 and 9 of the Law on Gender Equality, No. 46/07, which apparently provide for measures of a normative nature to promote gender equality in certain fields. In the absence of a clear indication of the manner in which the relevant sections in Labour Law No. 49/08 allow for the effective application in law of the principle of the Convention, the Committee asks the Government to take steps to insert a provision in Labour Law No. 49/08 expressly providing for equal remuneration for men and women for work of equal value which would cover all elements included in the gross wage.

Assessing the causes of the gender wage gap. The Committee notes the Government’s statement that differences in wages between men and women are exclusively due to differences in remuneration for jobs mostly done by men and jobs mostly done by women, which is apparently due to differences in occupational qualifications due to education. The Committee points out that historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences, capabilities and “suitability” for certain jobs, have contributed to occupational sex segregation in the labour market. As a result, certain jobs are held predominantly or exclusively by women and others by men. These views and attitudes also tend to result in the undervaluation of “female jobs” in comparison with those of men who are performing different work and using different skills, when determining wage rates (see general observation 2006). The Committee asks the Government to take measures, such as studies or surveys on gender differences in remuneration in the private and public sector, to examine all the underlying causes of the gender wages gap, including whether jobs and positions predominantly performed by women are not systematically being undervalued compared to those predominantly performed by men. The Committee also asks the Government to provide information on the practical application of the Law on Gender Equality, No. 46/07, in particular with regard to measures taken with the aim of achieving equal remuneration for men and women for work of equal value.

Determination of wages. Minimum wages and collective agreements. The Committee recalls that pursuant to the Labour Law, wages shall be determined in accordance with the law, collective agreements and labour contracts, and where collective agreements are concluded, they shall regulate the minimum wage, the elements determining the basic wage, wage compensation and other earnings of employees. The Committee notes the general information in the Government’s report regarding the hierarchy and compliance of collective agreements with the law, which omits information on how the principle of equal remuneration for men and women for work of equal value is being respected in the context of collective agreements and minimum wage setting. The Committee asks the Government to provide information on the following:

(i)    how it is ensured that the principle of equal remuneration for men and women for work of equal value is taken into account in the context of collective bargaining;

(ii)   how it is ensured that minimum wage rates, the elements determining the basic wage, wage compensation, and other earnings of employees are fixed without discrimination based on sex, and sectors and occupations in which women are predominantly employed, are not being undervalued;

(iii)  copies of any collective agreements adopted at general, branch and individual employer levels addressing the issue of wage discrimination and equal remuneration for work of equal value;

(iv)  information on the sectors for which collective agreements have been adopted, the wages set by these collective agreements, and an indication of the percentage of men and women covered.

Public sector. The Committee notes the Government’s confirmation that civil servants and state employees as well as employees in local self-government authorities are covered by the Law on civil servants and state employees No. 27/04, and the Law on salaries of civil servants and state employees. The Committee notes that Law No. 27/04 does not include a provision expressly providing for the principle of equal remuneration for men and women for work of equal value. It also notes the adoption of the Law of 22 December 2009 on public servants’ and public employees’ wages, No. 930/09, which contains provisions on coefficient of wages, classification of wage groups, calculations of base wages, compensations and supervision. The Committee will analyse Law No. 930/09 once it has been translated into one of the official ILO languages. Pending translation of Law No. 930/09, the Committee asks the Government to provide statistics, disaggregated by sex, on the distribution of civil servants and state employees in the different grades, indicating the corresponding remuneration levels. Please also indicate the manner in which it is ensured that remuneration for civil servants and state employees is determined in accordance with the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. Noting that once again the Government’s report does not provide any information on this point, the Committee urges the Government to provide information on the measures taken or envisaged to promote the use of objective job evaluation methods as envisaged under Article 3.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the information in the Government’s report regarding the role of the tripartite Social Council following the Memorandum on social partnership in the circumstances of the global economic crisis, adopted in 2009. The Committee hopes that in implementing the 2009 Memorandum on social partnership, the tripartite Social Council will take full account of the need to apply the principle of equal remuneration for men and women for work of equal value, and identify steps to promote its application. Please provide information on the steps taken in this regard.

Statistics. The Committee notes the Government’s statement that, since gender is not a criterion for determining wages and employers are obliged to pay a salary to both men and women (sections 14(1)(3) and 15(2)), there is no need to collect sex-disaggregated statistics on wages. The Committee draws the attention of the Government to its 1998 general observation emphasizing that an analysis of the position and pay of men and women in all job categories within and between the various sectors is required to address fully the continuing remuneration gap between men and women which is based on sex. The Committee asks the Government to take the necessary steps to collect and analyse statistical information on levels of remuneration received by men and women in the public and private sectors, as far as possible in accordance with the Committee’s general observation of 1998, and report on the progress made in this regard. Please provide statistics of the gender wage gap, as soon as they become available.

Parts III–IV of the report form. The Committee asks the Government to continue to provide information on how labour inspectors supervise the application of sections 5, 6 and 7 of Labour Law No. 49/08, and whether any breaches of these provisions have been found which specifically relate to wage inequalities between men and women. Please also provide information on the number and nature of any cases involving sections 5, 6 and 7 that have been decided by the courts and that involve unequal remuneration between men and women, or complaints dealt with by the Ministry for the Human and Minority Rights Protection, and the remedies provided.