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

Equal Remuneration Convention, 1951 (No. 100) - Israel (Ratification: 1965)

Gender pay gap. The Committee notes from the latest statistics provided by the Government that for the total population in 2009, men’s gross hourly pay was 49.3 new Israeli shekel (NIS), compared to NIS42 for women, which amounts to a gender pay gap of 14.81 per cent. For the same year, for the Jewish population, men’s gross hourly pay was NIS52.9 compared to NIS42.5 for women, which amounts to a gender pay gap of 19.66 per cent. Calculated on the basis of gross monthly salary the gender pay gap for the total population was 34.29 per cent (38 per cent for the Jewish population). The Committee also notes that for the Arab population (the overall gross hourly wage: NIS32.1), while men’s gross hourly pay was lower (NIS31.4) than that of women (NIS34.1), due to the lower average hours women worked per week, the gender pay gap (gross monthly salary) was nonetheless 23.1 per cent. The Committee further recalls that women’s average gross wage in the civil service was 24 per cent lower than men’s in 2007 (compared to 25 per cent in 1997), due to their higher representation in administrative positions and lower grades, and that within the “Mahar” Grade (graduates in social sciences and humanities) it increased from 16 per cent in 1997 to 22 per cent in 2007. The Committee asks the Government to provide detailed and updated statistical information on the earnings of men and women in the private and public sectors since 2009, including data for the different population groups, so as to allow an evaluation of the progress made over time to reduce the gender pay gap.

Measures to promote equal remuneration. The Committee notes the Government’s statement that it is too early to assess the impact on the overall gender pay gap of the decision taken in July 2007 to increase budgetary allocations for childcare institutions as a means to encourage women to seek employment. The Government further refers to a paper Public Preschool and the Labor Supply of Arab Mothers: Evidence from a Natural Experiment published in 2007, concluding that the provision of free preschool services increased both children’s preschool enrolment and their mother’s labour supply. Considering the large gender pay gap, and noting that the decision on budgetary allocations for childcare and the research paper date back to 2007, the Committee asks the Government to provide detailed information on any other measures taken or envisaged to reduce the gender pay gap, and to promote actively the implementation, in practice, of the principle of equal remuneration for men and women for work of equal value.

Scope of comparison. The Committee notes that under section 2 of the Male and Female Workers Equal Pay Law, 1996, the right to equal pay is limited to men and women “employed by the same employer in the same workplace”. The Committee has nonetheless reaffirmed that the application of the Convention’s principle allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers. The reach of comparison between jobs performed by men and women should be as wide as possible, in the context of the level at which wage policies, systems and structures are coordinated. As effective application of the Convention is needed, where women are more heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level will be insufficient, and steps should be taken to ensure that an equal pay claim can be made (General Survey on fundamental Conventions, 2012, paragraphs 697–699). Given the occupational sex segregation in certain sectors, the Committee asks the Government to indicate what measures are being taken or envisaged to extend the scope of comparison beyond the same employer or workplace. Please also indicate any judicial decisions regarding the principle of the Convention allowing for a broader scope of comparison.

Article 3 of the Convention. Objective job evaluation. The Committee has reaffirmed the importance of objective job evaluation for implementing the principle of equal remuneration for men and women for work of equal value (General Survey, 2012, paragraph 695). The Committee notes the Government’s indication that the Equal Opportunity in Employment Commission filed two cases to the Labour Court with a request for the appointment of a job evaluation expert under section 5 of the Male and Female Workers Equal Pay Law, 1996. The two cases involved the Jerusalem Municipality and the Jerusalem Capital Studios Group. The Government also states that under section 18(k) of the Employment (Equal Opportunity) Law, 1988, the Commission has the right to order an employer to provide information, including data on earnings, regarding compliance with any of the obligations pursuant to the equality legislation. The Committee refers to paragraphs 700–703 and 708–709 of the 2012 General Survey providing examples of job evaluation methods and measures promoting or ensuring the use of objective job evaluation. The Committee asks the Government to provide further details on the outcome of the cases filed by the Equal Opportunity in Employment Commission, as well as to continue to provide information on any cases brought where section 5 of the Male and Female Workers Equal Pay Law, 1996, has been invoked. The Committee asks the Government to step up its efforts to promote and ensure objective job evaluation in the public and private sectors, and report on the progress made.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that under section 18(g) of the Employment (Equal Opportunity) Law, 1988 an Advisory Committee for the Equal Opportunity in Employment Commission was established which includes representatives of workers’ and employers’ organizations. Its task is to advise the National Commission on policy matters. The Committee asks the Government to provide information on any activities of the Advisory Committee established under section 18(g) of the Employment (Equal Opportunity) Law, 1988, as well as information on any other measures taken, as envisaged in Article 4 of the Convention, to seek the cooperation of employers’ and workers’ organizations with a view to giving effect to the principle of equal remuneration for men and women for work of equal value.

Enforcement. The Committee notes the Supreme Court ruling requiring employers paying different wages to men and women to prove it is not due to gender discrimination. The Committee further understands that the Knesset’s Labour Welfare and Health Committee approved a Bill that would allow women to sue employers retroactively for up to five years of back pay in cases where men were paid more for doing the same job. Under the Male and Female Workers Equal Pay Law, 1996, compensation can presently only be granted for 24 months prior to the date of filing the case. The Committee asks the Government to provide a copy of the Supreme Court ruling, as well as any progress made in adopting the draft legislation on compensation in equal pay cases. Please also continue to provide information on any relevant judicial decisions concerning the principle of equal remuneration for men and women for work of equal value.