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

Equal Remuneration Convention, 1951 (No. 100) - Denmark (Ratification: 1960)

The Committee notes the observations of the Danish Confederation of Trade Unions (LO) and the Salaried Employees and Civil Servants Confederation (FTF), the Confederation of Danish Employers (DA), the Agency for Modernisation of Public Administration (Moderniseringsstyrelsen), the Danish Regions (Danske Regioner) and Local Government Denmark (KL) included in the Government’s report.

Article 2(1) of the Convention. Gender pay gap. The Committee notes from the Government’s report that in 2011 the difference in gross wage between men and women was 13 to 17 per cent and that the corrected wage difference was 4 to 7 per cent (once corrected for gender differences in, for example, educational level, work experience, sector, branch and work function). Furthermore, the statistics provided by the Government show that, between 2003 and 2013, the gender pay gap in the private sector decreased from 14.14 per cent to 13.56 per cent, and in the public sector at the state level from 9.89 per cent to 5.74 per cent, and at the municipal level from 15.62 per cent to 12.58 per cent. Furthermore, the wage gap in managerial positions was 21.59 per cent in 2013. At the same time, the Government indicates that in 2014 the employment rate of women was 69.8 per cent compared to 75.8 per cent for men, that more women worked part time in the public sector (35 per cent compared to 15 per cent of men) and that women retired earlier than men. The Committee also notes that the labour market continues to be segregated by gender and that, at the regional level, more than 80 per cent of the employees are women. The Committee requests the Government to continue to provide up-to-date information on the evolution of the gender pay gap and its causes and on the measures taken or envisaged to improve the access of women to a wider range of job opportunities at all levels, including sectors in which they are currently absent or under-represented, with a view to reducing inequalities in remuneration that exist between men and women in the labour market.

Article 2(2). Implementation of legislation. The Committee notes with interest that Act No. 513 of 25 May 2014 amending section 5a of Act No. 899 on equal pay to men and women extends the obligation to prepare annually sex disaggregated statistics from employers employing 35 workers or more to employers employing ten workers or more, of which at least three are men and three are women. The amendment aims to increase awareness of gender-segregated wage statistics, to provide a tool to employers and employees to cooperate towards the eradication of gender-specific wage differences and to provide a legal basis for alleged cases of wage discrimination. The Government indicates that according to Statistics Denmark, the number of employees covered by the new legislation increased from 2.24 million in 536 public and 2,925 private enterprises to 2.7 million in 800 public and 12,500 private enterprises. The Committee further notes that the Government will be providing enterprises with gender-segregated pay statistics free of charge, and will develop a guide on how to use these statistics. At the same time, the Committee notes that according to the LO and FTF, wage differences will be shown as index numbers, which makes it impossible to compare different jobs of equal value. The Committee requests the Government to clarify if the wage statistics allow a comparison of different jobs of equal value, including between the public and private sectors, and to provide information on the identification and elimination of any discriminatory pay differences with the help of the wage statistics. Please include information on any cases brought before equal pay tribunals or the courts on the basis of the wage statistics. The Committee further requests the Government to continue to provide information on any follow-up actions taken with a view to attaining full compliance with the legal obligation to prepare sex-disaggregated statistics on pay, including any sanctions imposed, as provided under section 6b of Act No. 899 of 2008.

Article 3(1). Objective job evaluation. The Committee notes that no measures have been taken to promote the use of objective job evaluation methods nor is any further action envisaged in this regard. According to the Government, the social partners, who should be actively involved in the development of objective job evaluation methods, are in a better position to reflect work conditions and to adapt to the particular enterprise or sector. In this regard, the LO and FTF indicate that one of the obstacles is that the criteria to assess work of equal value are not clearly defined in the legislation, and the KL states that the possibilities for carrying out an objective job evaluation are limited at the municipal level. Noting the Government’s acknowledgment that the labour market is highly segregated, the Committee recalls that the concept of “work of equal value” is fundamental to tackling occupational sex segregation and requires some method of measuring the relative value of different jobs free from gender bias (see General Survey on the fundamental Conventions, 2012, paragraphs 673, 695 and 701). Article 3 of the Convention presupposes the use of appropriate techniques for objective job evaluation to determine value, comparing factors such as skill, effort, responsibilities and working conditions, as suggested by the LO and FTF. Noting the need expressed by the social partners for the adoption of appropriate techniques and criteria for objective job evaluation, the Committee requests the Government to seek the cooperation of the social partners, to promote the development and use of objective job evaluation methods, as envisaged under Article 3, and to report on any progress made in this regard.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes from the information provided by the LO and FTF, Danish Regions and the KL that no further equal pay tribunals have been established by the social partners, nor have the existing tribunals settled any cases. However, the LO and FTF indicate that settling cases with the employers before they reach the tribunals had a preventive effect. The DA states that, between 2011 and 2015, there were no cases in the courts concerning equal pay. The Committee welcomes the information that, according to the LO and FTF, the Danish Association of Local Government Employees’ Organization (KTO) concluded four different agreements with the KL and Danish Regions on wage differences, gender mainstreaming and on gender-divided wage statistics. Furthermore, the Committee welcomes the information provided by the KL that, in the municipal sector, social partners carried out projects on payment structures with a focus on gender, and that within the LO a network of unions undertakes training programmes on equal pay legislation for shop stewards and union representatives. The Committee requests the Government to continue to provide information on the functioning of the equal pay tribunal and on any further action taken by the social partners to establish equal pay tribunals in other sectors of activity, including any obstacles encountered. It also requests the Government to provide information on any decisions of such tribunals or the courts relating to the principle of equal remuneration.

Other measures to address the gender pay gap. The Committee recalls that the Wage Commission’s report on “wages, gender, education and flexibility” of 2010 highlighted the persistence of horizontal and vertical gender segregation in the labour market, and notes that the Government has commissioned a new study on the gender-segregated labour market to the Danish National Centre for Social Research (SFI), which is due at the end of 2015. The Committee further notes with interest that the Act on Gender Equality was further amended by Act No. 1288 of 19 December 2012, and consolidated by Act No. 1678 of 19 December 2013. Section 8 of Chapter 4 of the Equality Act contains obligations to attain a balanced gender composition of certain public committees and boards. The Government indicates that public institutions, listed companies, state-owned companies, commercial foundations and financial companies are covered by this “Danish Model” amounting to approximately 1,200 entities. The Government indicates that according to a study carried out in 2014, 73 per cent of the institutions and companies have set target figures, which, on average, set targets of increasing the proportion of the under-represented gender by 25 per cent in an average time frame of four years. In January 2015, 15 per cent of the board members were women, compared to 29 per cent in state-owned companies. The Committee requests the Government to provide information on the results of the 2015 study on the gender-segregated labour market and any follow-up action given. The Committee further requests the Government to provide information on the impact of the “Danish Model”, on achieving gender balance in boards and committees in the public and private sectors, including statistics on the number of women on the boards and committees covered by the legislation. Please provide information on any other measures taken or envisaged with a view to narrowing the gender pay gap and addressing gender stereotypes influencing women’s and men’s choices about education and employment, and on the impact of such measures.