Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Equal Remuneration Convention, 1951 (No. 100) - Croatia (Ratification: 1991)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2(2)(a) of the Convention. Legislation. Work of equal value. The Committee notes that the new Gender Equality Act (Official Gazette 82/08), which entered into force on 15 July 2008, refers explicitly to the principle of the Convention, providing that “there shall be no discrimination in the field of employment and occupation …, in relation to … employment and working conditions …, including equal pay for equal work and work of equal value” (section 13(1)(4)), both in the private and in the public sectors. The Committee asks the Government to provide information on the application of section 13(1)(4) of the Gender Equality Act of 2008 in practice, including information on any complaints lodged before the Ombudsperson for gender equality regarding discrimination in remuneration, and any judicial decisions applying the principle of equal pay for men and women for work of equal value.

Implementing the National Policy for the Promotion of Gender Equality and addressing the gender remuneration gap. The Committee notes that following the adoption of the National Policy for the Promotion of Gender Equality 2006–10, various research activities have been undertaken, including research into pay levels in Croatia in 2008–09 and a study on the “identification of standards of discrimination in employing women”. The Committee further notes the Government’s indication that research conducted in Croatia has shown that on average “women are less paid for their work than men”. Moreover, the Committee notes the annual publication, since 2006, of statistical data on “men and women in Croatia”, which includes data on the average monthly gross earnings of men and women in all the sectors of the economy. According to the statistics published in 2010, the difference between women’s and men’s salaries is over 20 per cent in several sectors of the economy such as manufacturing, wholesale and retail trade, financial and insurance activities, and human health and social work activities, and is approximately 11 per cent on average for 2008. The Committee notes, however, that while the Government’s report contains general information on gender equality, it does not provide information on any measures taken or envisaged with a view to addressing the gender remuneration gap and ensuring the application of the principle of the Convention in practice. The Committee asks the Government to provide information on the results of the above studies as regards discrimination in remuneration, including relevant statistical data. It also asks the Government to provide information on any concrete measures taken to address effectively and specifically the existing remuneration gap between men and women within the framework of the national policy, including on the basis of the findings of such studies and their impact.

Article 3. Objective job evaluation. In its previous comments, the Committee had noted that a new law on civil servants’ salaries was being prepared and would introduce a new pay system. The Committee notes the Government’s indication that the work in this respect is still in progress. It further notes that, according to the Civil Service Human Resources Development Strategy (2010–13), “job descriptions will be aligned against a relevant classification set, standing as the foundation for achieving the principle of equal salary for equal work, i.e. work of equal value”. The Committee hopes that the determination of the new job descriptions and, as a consequence of the new jobs classification, will be based on the same criteria for both men and women and so drawn up as to exclude any gender bias. In this respect, the Committee draws the Government’s attention to the frequent undervaluation of tasks traditionally performed by women in the context of job evaluation. The Committee asks the Government to continue to provide information on the progress made in the adoption of the envisaged law concerning civil servants’ salaries and the drawing up of job descriptions free from gender bias. It again asks the Government to provide information on the specific measures taken and the methods used to ensure that the design and implementation of the future pay system in the civil service is in conformity with the Convention’s principle and addresses the gender remuneration gap (around 15 per cent in 2008).

With respect to the private sector, the Committee recalls that, in accordance with Article 3(1) of the Convention, measures shall be taken to promote objective appraisal of jobs on the basis of the work to be performed in order to give effect to the Convention. Noting that the Government’s report contains no information on any measures taken to that effect, the Committee once again asks the Government to provide information on measures taken in law and in practice to promote the design and use of objective job evaluation methods that are free from gender bias in the private sector.

Awareness raising and enforcement. The Committee notes the Government’s indication that, despite the existence of a gender remuneration gap, the Ombudsperson has not received a single complaint concerning pay inequalities in 2008. The Committee recalls that the absence of complaints on pay inequalities may result from the lack of knowledge of the rights derived from the Convention among workers, employers and their organizations, as well as law enforcers or difficulties in accessing complaint mechanisms. The Committee asks the Government to indicate whether any specific training has been envisaged to raise awareness of the rights of workers and the use of the complaint mechanisms, and to increase the capacity of labour inspectors and other law enforcers to detect violations of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on the number of violations detected, complaints filed, and legal proceedings initiated before the courts and their outcome as regards, specifically, the principle of the Convention. It further asks the Government to describe the functions of the labour inspectors, if any, with regard to the enforcement of the principle of equal remuneration for men and women for work of equal value.