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

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

Article 2(2)(a) of the Convention. Legislative developments. The Committee notes the adoption of the Civil Service Act (Official Gazette No. 49/11) of 2011. The Government indicates that section 10(2) of the new Civil Service Act explicitly provides for the right to equal remuneration for equally valued work, and that section 11 of the Act refers to the right to equal treatment. The Committee recalls that section 13(1)(4) of the Gender Equality Act of 2008 explicitly refers to the principle of the Convention, and applies to the public and the private sectors. The Committee notes that, according to the report of the Ombudsman for gender equality published in 2010, only seven out of 120 collective agreements analysed referred to the obligation to ensure equal pay for women and men. The Committee also notes that according to the Ombudsman Activity Report of 2009, 17 cases out of 172 complaints investigated by the Ombudsman’s office in 2009 related to gender, however, it is not clear whether any of these related to equal remuneration between men and women. The Ombudsman’s report also refers to shortcomings in establishing the records and statistical registration of discrimination cases, and to a “negligible number of court proceedings” initiated pursuant to section 17 of the Anti-Discrimination Act of 2008. No further information is provided by the Government concerning complaints lodged before the Ombudsman for gender equality regarding discrimination in remuneration, or any judicial decisions applying the principle under the Convention. While awaiting the translation of the Civil Service Act of 2011 into one of the official languages of the Office, the Committee asks the Government to provide information on the practical application of sections 10(2) and 11 of the Civil Service Act of 2011. The Committee also asks the Government to take steps to collect statistical information on any complaints lodged before the Ombudsman for gender equality regarding discrimination in remuneration, and any judicial decisions applying the principle of equal remuneration for men and women for work of equal value, and to provide information in this regard.

The gender pay gap. The Committee notes the adoption of the National Gender Equality Policy 2011–15, according to which reducing unemployment and the elimination of all forms of discrimination against women in the labour market remains the main strategic goal, and key activities will be conducted, including with a view to reducing the gender pay gap. The Committee also notes the statistical data on the average monthly gross earnings of men and women in all the economic sectors, which is contained in the report of the Bureau of Statistics “Women and men in Croatia”. According to the statistics published in 2012, the difference between women’s and men’s salaries in 2010 was still over 20 per cent in several economic sectors such as manufacturing, wholesale and retail trade, financial and insurance activities, and health and social work activities; the Government also indicates that men earned 22.6 per cent more than women on average in 2009. The Committee notes that the Government’s report still does not contain information on any measures taken or envisaged with a view to addressing the gender pay gap and ensuring the application of the principle of the Convention in practice. The Committee asks the Government to provide information on concrete steps taken to address effectively the gender pay gap, including within the framework of the national policy, and on the basis of the findings of studies conducted, and to provide information in this regard including any results achieved.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that Civil Service Job Position Titles and Complexity Coefficients Regulations (Official Gazette Nos 32/09, 140/09, 21/10, 38/10 and 77/10) have defined job complexity coefficients for civil servants and employees, however no further information has been provided concerning civil servants’ salaries and the drawing up of job descriptions free from gender bias. The Committee asks the Government to provide more detailed information on how the Civil Service Job Position Titles and Complexity Coefficients Regulations ensure that the design and implementation of the pay system in the civil service promotes the principle of the Convention, and addresses the gender pay gap in the civil service. Noting that no information is contained in the Government’s report, 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 within the framework of the Supporting Equality in Croatian Labour Market Project, workshops were organized targeted at employers and covering the subjects of diversity and equality in the labour market in 2010; trainers who completed the train the trainers course under the Project delivered eight workshops for 127 employers in seven cities. The Committee notes, however, that it is still not clear if the training has been specifically targeted to address the principle of equal remuneration for men and women for work of equal value, or the complaint mechanisms in case of violation of the principle. The Committee asks the Government to indicate whether any specific training has been conducted or envisaged to raise awareness of the workers and employers concerning the principle of equal remuneration for men and women for work of equal value, and the use of the complaint mechanisms. It also 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, and to provide information on any training undertaken to increase the capacity of labour inspectors and other officials to detect violations of the principle under the Convention. Please provide information on the number of violations detected, complaints filed, and legal proceedings initiated before the courts and their outcome with respect to the principle under the Convention.