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

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

Article 1 of the Convention. Work of equal value. Legislation. For the last 15 years, the Committee has been emphasizing that the principle of equal remuneration for men and women for work of equal value is not fully reflected in the national legislation. It has taken note of the general provisions of the Labour Code of 1999, and more particularly of section 16 which prohibits discrimination based on sex and sections 154 and 158 on minimum wages and the determination of wages. It has also noted that section 9 of the Law on Gender Equality of 2006 only provides for equal wages for men and women having the same qualifications who perform the same job of the same value in the same working conditions, which is narrower than the principle of the Convention. The Committee notes that two bills on draft amendments to the Labour Code have been submitted to the Office of the Prime Minister in September 2013, but that no amendment to fully incorporate the principle of the Convention into the national legislation has been proposed. The Committee is therefore bound, once again, to recall that the principle of equal remuneration for men and women for work of equal value laid down in the Convention not only encompasses the same work performed under equal conditions and with the same skills, but also allows for a comparison between jobs that are of an entirely different nature, but which are nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraphs 673 and 677).

The Committee further notes with concern that according to the statistical information available from both the National State Statistical Committee and the United Nations Economic Commission for Europe, the gender pay gap in relation to monthly earnings has grown considerably from 41.4 per cent in 2009 to 53.9 per cent in 2015. Referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee takes note of the persistent occupational gender segregation in the labour market, whereby in 2015, women represented 76.6 per cent of the persons employed in health and social services and 71.4 per cent of the persons employed in education, with both sectors reporting average monthly salaries below the national average. On the contrary, sectors characterized by the highest monthly salaries, such as mining and finance and insurance, are those where women were less represented (women representing respectively 13.2 per cent and 32.9 per cent of the employees in these sectors). Taking note of the Government’s indication that women are giving preference to work in the health and social services sector and in education, the Committee recalls that, when adopting measures to address wage disparities between men and women, in order to ensure that “female jobs” are not being undervalued for the purposes of wage rate determination it is important to examine and take into consideration the underlying causes of gender pay gaps such as gender-based discrimination, gender stereotypes relating to the aspirations and abilities of women and traditional assumptions concerning their role in the family and society, or occupational segregation of women into lower paying jobs or occupations (see 2012 General Survey, paragraphs 712–713). The Committee urges the Government to take the necessary measures to give full legislative expression to the principle of equal remuneration for men and women for work of equal value and to ensure that measures are taken to implement this principle in practice, including through collective agreements. The Committee also requests the Government to provide information on the specific measures taken, in collaboration with employers’ and workers’ organizations, to reduce the gender pay gap, in general and more particularly in sectors where such gaps are substantial, as well as information on any obstacles encountered. Recalling that pay inequalities may arise due to the segregation of men and women into certain sectors and occupations, the Committee requests the Government to take measures to examine and address the underlying causes of the wide and growing gender pay gap, and to encourage the participation of girls and women into a wider range of training and job opportunities at all levels, including sectors and positions in which they are currently absent or under-represented. The Committee requests the Government to provide statistical data on the distribution of men and women in the different sectors of economic activity, occupational categories and positions and their corresponding earnings, both in the private and public sectors.

The Committee is raising other matters in a request addressed directly to the Government.