Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Equal Remuneration Convention, 1951 (No. 100) - Montenegro (Ratification: 2006)

Gender pay gap. The Committee notes from the document “Women and Men in Montenegro”, published biennially by the Montenegro Statistical Office and cited by the Government, that the gender pay gap decreased slightly from 13.8 per cent in 2009 to 13.2 per cent in 2011. The same publication indicates that the gender pay gap stands at 33.5 per cent in the manufacturing industry, 16.1 per cent in the hospitality sector and 13.9 per cent in the health and social service sector. In this connection, the Committee notes the Government’s statement that differences in wages between men and women are a consequence of the high prevalence of male workers in leadership positions, and of female workers in clerical positions. The Committee notes further that, in its concluding observations, the UN Committee on the Elimination of Discrimination against Women raises concerns regarding the situation of women in the labour market, in particular with regard to the high rates of female unemployment, the concentration of women in low-paid sectors of employment and the lack of flexible work arrangements and childcare facilities which force women into part-time employment (CEDAW/C/MNE/CO/1, 21 October 2011, paragraph 28). The Committee asks the Government to provide information on the measures taken or envisaged to reduce the gender pay gap in all sectors of the economy, including measures taken to address its underlying causes such as occupational gender segregation, and the results achieved.

Article 1 of the Convention. Legislation. The Committee notes that, following amendments in 2011 pursuant to Act No. 1298, the Labour Law henceforth expressly provides for the principle of equal remuneration for men and women for work of equal value (section 77(2)). In case of violation of this right, workers may claim compensation equivalent to the underpaid part of the salary (section 77(4)). The Committee notes, however, that according to section 77(3), as amended, work of equal value refers to work requiring the same level of qualification, responsibilities and skills, as well as the same working conditions and performance. Pursuant to section 77(2), the principle also seems to be limited to workers employed by the same employer. The Committee draws the Government’s attention to the fact that the definition of “work of equal value” as established in the amended Labour Law does not fully reflect the principle set out in the Convention. It recalls that the concept of “work of equal value” under the Convention not only encompasses equal remuneration for workers with the same level of qualification, responsibilities and skills, or working under the same conditions and performance, but also allows for the comparison of jobs that are of an entirely different nature, but which are nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraphs 673 and 677). The Committee therefore asks the Government to take the necessary steps to amend section 77(3) of the Labour Law so as to fully reflect the principle of equal remuneration for men and women for work of equal value, as set out in the Convention, and to supply information on the progress made in this regard.

Article 2. Minimum wages and collective agreements. The Committee notes that, according to the amendments to the Labour Law under Act No. 1298 of 2011, minimum wages shall be proposed by the tripartite Social Council and determined by the Government on a semi-annual basis (section 80(3), as amended). The Committee also notes that, pursuant to amendments to section 149(1), the General Collective Agreement defines the elements determining the basic wage, benefits and other earnings of employees. Wages can be increased further by branch collective agreements or individual agreements at the enterprise level (section 149(2) and (3)). The Committee asks the Government to indicate how it is ensured that the principle of equal remuneration for men and women for work of equal value is taken into consideration in the context of the minimum wage fixing process. With regard to sectoral wages and enterprise wage agreements, the Committee requests the Government to provide information on any measures taken, in cooperation with the social partners, to promote the principle of the Convention in branch and enterprise negotiations, and to ensure that work in sectors and occupations in which women are predominantly employed is not being undervalued. Please also provide copies of any collective agreements adopted at general, branch and enterprise levels addressing the issue of wage discrimination and equal remuneration for work of equal value.

Article 3. Objective job evaluation. The Committee notes the adoption of the new Law on civil servants and public employees in 2011 (Law No. 23-2/11-6 EPA 632), as well as the new Law on salaries of civil servants and state employees in February 2012 (Law No. 232). The Committee notes that Law No. 232 establishes basic wage coefficients, as well as titles and pay grades for certain categories of workers, and contains provisions on the calculation of basic wages and on the criteria for determining the variable component of wages. The Committee asks the Government to provide detailed information on how it is ensured that the design and implementation of the pay system in the public service pursuant to Law No. 232 promotes the principle of the Convention. Please also provide information on the measures taken or envisaged to promote the use of objective job evaluation methods that are free from gender bias in the private sector.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that there have been no reported cases of discrimination regarding the principle of the Convention. The Government indicates further that, since the entry into force of the Law on gender equality, 2007, women have sought advice from the Ministry of Human and Minority Rights on violations of labour rights and that, in such cases, female workers were instructed to address their complaints or requests to the labour inspectorate. In this connection, the Government refers to only one case addressed to the labour inspectorate (concerning failure to pay earnings during maternity leave) which was upheld. In this regard, the Committee recalls that the absence of complaints regarding unequal remuneration is likely to indicate the lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in, or absence of, practical access to procedures, or fear of reprisals. The Committee asks the Government to provide detailed information on any measures taken or envisaged to raise awareness of the principle of equal remuneration for men and women for work of equal value, among workers and employers and their organizations. The Government is also requested to indicate how the enforcement of section 77 of the amended Labour Law has been undertaken in practice by labour inspectors, and to provide information on any steps taken to increase the capacity of judges, labour inspectors and other relevant officials to identify and address unequal remuneration. Please provide information on any complaints brought to the attention of the competent authorities relating to equal remuneration for work of equal value, and the outcome thereof.

Part V of the report form. Statistics. The Committee asks the Government to continue to provide up-to-date statistical information on the evolution of the gender pay gap, including information on the earnings of men and women according to sector, occupation and educational level, in both the private and the public sectors.