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

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

Assessment of the gender pay gap. The Committee notes with concern that the gender pay gap (average gross hourly earnings) has continued to increase from 23 per cent in 2007 to 23.2 per cent in 2008 (Eurostat). The Committee understands that the Government’s general equal treatment report, expected to be published in 2010, will contain detailed information on the income situation of men and women. The Committee also notes that, following the introduction of the Earnings Statistics Act in 2007, the Federal Statistics Office has been implementing a project to improve its capacity with regard to equal pay data collection and analysis. The Committee asks the Government to provide a copy of the Government’s general equal treatment report, as well as detailed and updated statistical information on the remuneration levels of men and women in the various sectors, occupations, and their levels of education.

The Committee notes that the Government continued its efforts to analyse the causes of the gender pay gap and to seek ways and means to address it. It particularly notes the report Unequal Pay of Women and Men in Germany published in March 2009 which, based on a number of research projects, identifies and weighs the main causes of the gender pay gap, discusses their interrelationship and proposes areas of intervention (individual and collective negotiation of remuneration; job evaluation; addressing horizontal and vertical occupational segregation of the labour market; reducing career breaks; addressing the effects of part-time work; childcare availability). A number of initiatives involve cooperation with the social partners. The Government also indicates that the measures taken to address unequal pay will be brought under a single strategic plan. The Committee asks the Government to continue to provide detailed information on the measures taken to promote equal remuneration for men and women for work of equal value, including information on the related single strategic plan and its implementation.

Collective agreements. In its previous comments, the Committee asked the Government to provide information on whether the efforts to promote equal remuneration for men and women for work of equal value have led to changes in collective agreements. In its report, the Government states that it is not in a position to provide information on whether specific changes to collective agreements are planned. The Government further indicates that the principle of non-discrimination was enshrined in the public service collective agreement which entered into force in 2005 and supplementary agreements thereto, whereas the negotiations on the public service pay scales have not yet been concluded. The Committee trusts that the Government will continue its cooperation with the social partners with regard to the application of the principle of equal remuneration for men and women for work of equal value and to provide the following:

(i)    information on progress made in taking the principle fully into account in the context of collective bargaining;

(ii)   information on the specific methods used in order to ensure that public sector wage scales are being established in compliance with the principle of the Convention; and

(iii)  examples of any collective agreements that have been adopted or amended with a view to promoting and ensuring equal remuneration for men and women for work of equal value.

Objective job evaluation. The Committee notes that the abovementioned report highlights, as one of the causes of the gender pay gap, the undervaluation of jobs predominantly carried out by women as a result of sexist stereotypes with regard to “women’s work”. In this regard, the Committee welcomes the development of “Logib-D”, an equal pay self-assessment tool for enterprises. However, in its report, the Government also indicates that it has not been possible, at this stage, to perform a comprehensive study on the use of objective job evaluation methods. The Committee therefore asks the Government to consider undertaking a study in this area and to provide information on any measures taken to promote actively the development and use of objective job evaluation. Please also provide information on the use of Logib-D and its impact on reducing gender pay differentials.

Enforcement. The Committee asks the Government to provide information on cases decided by the courts regarding the principle of equal remuneration for men and women for work of equal value during the reporting period.