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

Equal Remuneration Convention, 1951 (No. 100) - Belarus (Ratification: 1956)

Article 2 of the Convention. Public sector. The Committee recalls that pursuant to the Order of the Ministry of Labour and Social Protection No. 151 of 22 October 2010 on remuneration of labour of the employees of state bodies, the salary scales for management and specialist staff are established for specific jobs. The Committee notes from the statistics provided by the Government that women represented 69.9 per cent of the employees in the public sector in November 2013. The data further indicates that women represented 54.5 per cent of the directors of the organizations, 64.6 per cent of the directors of departments and 66.5 per cent of the consultants. The Committee asks the Government to continue to provide statistics, disaggregated by sex, showing the number of public sector employees, occupational category and position, and to provide information on any measures taken or envisaged to assess the gender pay gap in the public sector, taking into account any additional allowances and benefits.

Article 3. Objective job evaluation. In its previous comments, the Committee asked the Government to indicate how it was ensured that job evaluation methods used were free from gender bias. The Committee notes that the Government reiterates that the Skill Classification of jobs and occupations (ETKS) and the Skill Classification of posts of managers, specialists and office staff (EKSD) evaluate the value of work using assessment factors such as quantity and quality of work, degree of complexity of the work performed, level of skills, theoretical knowledge and practical skills, and degree of responsibility and working conditions. The Committee recalls that whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see 2012 General Survey on the fundamental Conventions, paragraph 701). While noting the Government’s explanation regarding the methods and the procedure used to assess the value of work, the Committee asks the Government to indicate specifically how it is ensured that the selection of factors for comparison, the weighing of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. The Committee further asks the Government to indicate the measures taken, in practice, to encourage the use of such methods and procedures in both the private and the public sectors and to provide information on any job evaluation exercises which were undertaken, and the outcome thereof.

Article 4. Cooperation with workers’ and employers’ organizations. In its previous comments, the Committee asked the Government to continue to provide information on the steps taken to promote the application of the Convention in cooperation with workers’ and employers’ organizations and to promote objective job evaluation. The Committee notes the Government’s general indication that the General Agreement for 2014–15 between the Government and the social partners includes a chapter on wages and provides that work be continued on improving wage and job classification schemes. The Committee notes, however, that the Government does not provide information concerning the specific steps taken to promote objective job evaluation within the meaning of Article 3 of the Convention. The Committee asks the Government to provide additional information on the steps taken, in cooperation with workers’ and employers’ organizations, to promote the application of the Convention, including any steps taken to promote objective job evaluation free from gender bias.

Practical application. Results of labour inspection and judicial decisions. The Committee notes that the Government’s report still does not contain information on labour inspection results nor on awareness-raising measures specifically concerning the principle of equal remuneration for men and women for work of equal value. The Government also indicates that no complaints were received in relation to the principle set out in the Convention. The Committee recalls that where no cases or complaints, or very few, are being lodged, this may indicate a 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 lack of complaints or cases on discrimination in remuneration could also indicate that the system of recording violations is insufficiently developed (see 2012 General Survey, paragraph 870). The Committee urges the Government to provide information on the specific measures taken or envisaged to raise awareness of the principle of equal remuneration for men and women for work of equal value among labour inspectors, judges, workers, employers and their organizations. It reiterates its request to the Government to provide specific information concerning the nature and number of violations of the legislation related to the principle of equal remuneration for work of equal value detected by or brought to the attention of labour inspectors, the remedies provided and sanctions imposed, as well as any judicial or administrative decisions concerning the principle of the Convention.