Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Equal Remuneration Convention, 1951 (No. 100) - Turkmenistan (Ratification: 1997)

Gender remuneration gap. From the data provided by the Government on the number of people employed in Turkmenistan and average salaries for 2011 and 2013, disaggregated by sex and by sector, the Committee notes that the average pay gap was at 16 per cent in 2013 and was as high as 38 per cent in the extractive industries and 34 per cent in retail and wholesale. With reference to its direct request under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee notes that the gender pay gap is due not only to restrictions on work in particular conditions but also to the length of career, education attainment and division of positions into traditionally “female and male jobs”. The Committee requests the Government to take measures to address the underlying causes of the existing gender wage gap, such as gender-based discrimination, gender stereotypes relating to aspirations, preferences and abilities of women, or vertical and horizontal occupational segregation, and to promote women’s access to a wider range of job opportunities at all levels. Please provide information on any action taken to this end and on any obstacles encountered. Please also provide updated statistical data disaggregated by sex on the distribution of men and women in the labour market and on the remuneration received by men and women by sector of economic activity, including the public sector.

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes from the Government’s report that the term “remuneration”, used in sections 13 and 14 of the Labour Code, is defined as sums of money, and other material benefits, received by workers and arising from their employment. It covers wages, salaries, bonuses, payments based on annual performance and various types of compensation and benefits paid for specific working conditions. Recalling that section 14(2)(6) of the Labour Code requires employers to ensure that workers receive “equal pay for work of equal value without discrimination”, the Committee notes with interest that section 13(1)(5) of the Labour Code which entitled workers to “equal pay for equal work” was amended by Law No. IV of June 2013 and now entitles workers to “equal pay for work of equal value”. The Government’s report contains no information on the practical application of these provisions but, in its information provided on the follow-up to the concluding observations of the Committee on the Elimination of Discrimination against Women (CEDAW/C/TKM/CO/3-4/Add.1, 2 March 2015), the Government indicated that it had developed a National Action Plan for Gender Equality (2015–20). The Committee requests the Government to: (i) provide detailed information on the objectives and outcomes of the National Action Plan (2015–20) and whether the implementation of the principle of equal remuneration is covered; (ii) indicate what specific elements are covered by the term “remuneration” used in sections 13 and 14 of the Labour Code; and (iii) provide information on any other practical application of the equal remuneration principle.

Article 2(1). Scope. Categories of workers. The Committee recalls that the Labour Code excludes from its scope of application civil servants (section 5(6)(2)) and “other persons, as determined by law” (section 5(6)(3)). Further to the Committee’s request, the Government indicated that the principle of equal remuneration for men and women applied to civil servants by virtue of the Civil Service Act. It further indicated that the principle also applied to domestic workers, but did not clearly indicate if other categories of workers fall under section 5(6)(3). The Committee requests the Government to indicate the legal provisions which apply the principle of equal remuneration for men and women for work of equal value to civil servants and domestic workers. Please also clarify whether any other category of workers is excluded from the scope of the Labour Code and, if so, how these persons are guaranteed equal pay for work of equal value between men and women.

Articles 2 and 3. Determination of remuneration rates and objective job evaluation. The Committee previously requested the Government to indicate how it ensured that the criteria used to determine the rates of remuneration were free from gender bias and that measures were taken to promote the use of objective job evaluation methods. The Committee notes, however, that the Government merely referred back to sections 113 and 116 of the Labour Code saying that remuneration rates are determined by employment contracts and collective agreements, and depend on the worker’s qualifications, skills and working conditions. The Committee recalls that stereotypical assumptions regarding women’s aspirations and capabilities tend to result in the undervaluation of “female jobs” in comparison with those of men who are performing different work and using different skills, when determining wage rates. Accordingly, where women are more heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the establishment level will be insufficient. For this reason, the Committee requests the Government to take measures to promote the use of objective job evaluation methods.

Minimum wages and collective agreements. The Committee notes the lack of information regarding the methods used to ensure that the remuneration rates established in collective agreements and minimum wage instruments comply with the principle of equal remuneration. The Committee recalls that the determination of criteria for job evaluation and their weighting are matters on which cooperation between employers and workers is particularly important, giving collective bargaining an important place in this context. The Government further indicated that much trade union activity is conducted jointly with state authorities but it failed to provide any detailed information on such activities. Recalling the need for effective measures to be taken in order to accomplish real progress in attaining equal remuneration for men and women for work of equal value, the Committee requests the Government to provide detailed information on the cooperation with the social partners, including any awareness-raising activities or training planned or undertaken, for the purpose of giving effect to the provisions of the Convention. Please indicate whether the minimum wage is set in consultation with the social partners. The Committee further requests the Government to take steps to ensure that the remuneration rates established in collective agreements, as well as in minimum wage instruments, are determined in accordance with the principle of equal remuneration for men and women for work of equal value and to provide examples of collective agreements that contain clauses reflecting this principle. Noting the conclusion of a general collective agreement between the Ministry of Labour and Social Protection, the National Trade Union Centre and the Union of Industrialists and Entrepreneurs on 23 August 2013, the Government is requested to provide a copy of such a collective agreement.

Enforcement. The Committee notes that the Government’s report contains no information on specific enforcement activities carried out by the competent authorities and bodies with respect to discrimination in remuneration and that the judicial authorities have not received any complaints regarding breaches of the right to equal pay for work of equal value. The Committee recalls that the absence of complaints does not necessarily mean that there is no wage discrimination in practice, as it may be due to a lack of awareness of or access to the respective rights and procedures, and to the remedies provided for under the law, or to fear of reprisals. The Committee requests the Government to take appropriate measures to raise public awareness of the relevant legislation, and of the procedures and remedies available in relation to wage discrimination. Please provide information on any breaches of the principle of equal pay reported to or detected by the authorities and bodies in charge of enforcing the labour legislation as well as any sanctions imposed and remedies provided.