Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equal Remuneration Convention, 1951 (No. 100) - Estonia (Ratification: 1996)

Articles 1 and 2 of the Convention. Legislation. The Committee recalls section 6(2)(3) of the Gender Equality Act as amended on 24 September 2009, which refers to the equal remuneration for “the same work or work to which equal value is attributed”. The Committee notes the Government’s indication that the Gender Equality and Equal Treatment Commissioner in her opinion in 2009 took into account the following factors when comparing the value of work in a public sector: official title, short description of the work performed, tasks, and the salary grade. However, the jurisprudence concerning the equal remuneration provision of the Gender Equality Act is yet to be established. The Committee asks the Government to continue to provide information on the practical application of the equal remuneration provisions of the Gender Equality Act, including information on the number and the outcome of the applications regarding equal remuneration made to the Gender Equality and Equal Treatment Commissioner and on any relevant judicial decisions.

Gender pay gap. Measures to promote equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that according to Statistics Estonia in 2010 the average gross hourly earnings was €5.44 for male workers and €4.17 for female workers. According to the study on the “Gender Pay Gap in Estonia” carried out during 2009–10, the general gender pay gap, taking real wages as the basis, was during 2000–08 an average of 28.6 per cent; the unexplained wage difference constituting approximately 85 per cent of the gender pay gap, increased during 2000–08. The gender pay gap has increased during 2006–08 compared to the previous years. With regard to the project and study concerning the gender pay gap, the Committee notes the Government’s information that the Promotion of Gender Equality Programme (2011–13) is being implemented. The Committee notes the Government’s indication that following the above study on the gender pay gap, an Action Plan for Reducing the Gender Pay Gap will be proposed to the Parliament in autumn 2012. Noting the widened gender pay gap, the Committee asks the Government to pursue its efforts to promote equal remuneration for men and women for work of equal value, and to provide information on the results achieved under the Promotion of Gender Equality Programme (2011–13). It also asks the Government to provide information on the status of the Action Plan for Reducing the Gender Pay Gap, as well as on the specific measures taken under this Action Plan. Please continue to provide updated statistical information on the earnings of men and women, in order for the Committee to assess the evolution of the gender pay gap.

Collective agreements and the role of the social partners. The Committee recalls the Estonian Network of Promoting Gender Equality, which was established in 2008. It notes the Government’s indication that the network meets twice a year to discuss recruitment and wage policies in member organizations, and that the member organizations have participated in seminars, round tables and conferences organized by the Ministry of Social Affairs, whose topics include gender equality in the organization. The Committee also notes the Government’s indication that there is no specific provision on pay equality in most collective agreements. The Committee asks the Government to provide information on the activities carried out by the network among the social partners for promoting gender equality in the field of remuneration, and their impact on the inclusion of any clauses providing equal remuneration for men and women for work of equal value in collective agreements.

Enforcement. The Committee notes the Government’s indication that in a case in which a woman who had returned to her previous job after taking childcare leave had been treated by an employer as a new employee, the Gender Equality and Equal Treatment Commissioner concluded in February 2012 that the employer had discriminated against the complainant based on gender. It also notes the Government’s indication that three complaints in 2011 and four complaints in 2012 concerning equal pay were lodged before the Commissioner. The Committee also notes the Government’s indication that four regional seminars were held in April 2012 to raise awareness among representatives of private companies about the existence and causes of the high gender pay gap. The Committee asks the Government to continue to provide information on the measures taken, with the cooperation of the social partners, to promote training or awareness-raising activities among those responsible for enforcing the principle, as well as workers and employers and their organizations regarding the principle of the Convention. Please also continue to provide information on any complaints submitted to the Gender Equality and Equality Treatment Commissioner, or the labour dispute committees, regarding the principle of equal remuneration for work of equal value.