Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Equal Remuneration Convention, 1951 (No. 100) - Azerbaijan (Ratification: 1992)

Articles 2 and 3 of the Convention. Determination of remuneration and objective job evaluation. Referring to its previous comments, the Committee notes that the Government’s report still does not contain any information on the method used to determine the wage categories in the private sector. It notes the Government’s repeated indication that the work performed is assigned to the appropriate wage level using the wage and qualifications guides laid down by the Ministry of Labour and Social Protection and registered by the Ministry of Justice. The Committee recalls that the concept of “equal value” in the Convention requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. Noting the Government’s indication that remuneration of workers is determined by the results of his or her job, personal efficiency and the level of qualifications, the Committee draws the attention of the Government to the potential confusion between performance appraisal, which aims at evaluating the performance of an individual worker in carrying out his or her job, and objective job evaluation, which is to measure the relative value of jobs with varying content on the basis of the work to be performed. Objective job evaluation is concerned with evaluating the job and not the individual worker (see 2012 General Survey on the fundamental Conventions, paragraphs 695 and 696). The Committee, therefore, requests the Government to describe in detail the method used to objectively determine the wage categories on the basis of the tasks performed, including the criteria used to that end. It also requests the Government to indicate how it is ensured that the wage and qualifications guides of the Ministry of Labour and Social Protection are established on the basis of entirely objective and non discriminatory criteria free from gender bias, and to provide a copy of these guides. It also requests the Government, to clarify what is the “unified pay scale handbook”, referred to in section 57(2) of the Labour Code.

Equal remuneration in the public sector. The Committee takes note of the Government’s indication that in 2014, 27.7 per cent of the civil servants were women. It further notes that, according to the information available from the National State Statistical Committee, in 2015, the average monthly nominal wages of women represented only 59.46 per cent of those of men, in the public sector. Drawing the Government’s attention to the substantial gender remuneration gap in the public sector, the Committee urges the Government to take measures to address its underlying causes in order to ensure that remuneration for civil servants and state employees is determined in accordance with the principle of equal remuneration for men and women for work of equal value, on the basis of criteria free from gender bias. It also requests the Government to provide a copy of the texts establishing the rates of remuneration, allowances and benefits of civil servants and state employees and to provide statistics disaggregated by sex on their distribution in the different grades, indicating the corresponding remuneration levels.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the tripartite collective agreement for 2014–15 concluded between the Cabinet of Ministers, the Azerbaijan Trade Unions Confederation and the National Confederation of Entrepreneurs by means of joint Decision No. 227 of 10 July 2014, with the aim of developing and implementing a set of measures to ensure the right to decent work and real wage increases. It also notes that a national tripartite conference on wage policy was held on 18–19 March 2015 with the collaboration of the Office. The Committee requests the Government to indicate how collective agreements address equal pay issues, and to provide a copy of relevant collective agreements adopted to this end. It also requests the Government to provide further information on the content and impact of the activities carried out, in cooperation with employers’ and workers’ organizations, to give effect in practice to the principle of equal remuneration for men and women for work of equal value.

Enforcement. The Committee notes the Government’s repeated statements that, over the past ten years, the State Labour Inspectorate (SLI) did not find any cases of gender-based discrimination. Referring to its comments under the Labour Inspection Convention, 1947 (No. 81), where it took note of the reorganization of the SLI, the Committee notes that the Government did not provide information on the effects these structural changes have had on the operation of the labour inspection system and its effectiveness to detect cases of gender pay discrimination. Furthermore, for several years no annual report on the work of the SLI has been received by the Office. The Committee requests the Government to provide information on training and awareness-raising activities undertaken to enhance the capacity of labour inspectors, judges, as well as workers, employers and their organizations regarding the principle of equal remuneration for men and women for work of equal value. It trusts that the structural changes made within the SLI will contribute to establishing a well-functioning labour inspection system which effectively monitors the application of the principle of the Convention and requests the Government to provide specific information on any steps taken in this regard. The Committee also asks the Government to provide information on the number, nature and outcome of cases of discrimination on equal remuneration, in both the private and public sectors, dealt with by the courts and the SLI.