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

Equal Remuneration Convention, 1951 (No. 100) - Kazakhstan (Ratification: 2001)

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that the term “payment” is not defined under section 22(5) of the Labour Code. It recalls that for the purpose of securing equal remuneration for men and women, the Convention gives a broad definition of remuneration, which includes not only “the ordinary, basic or minimum wage or salary”, but also “any additional emoluments whatsoever, payable directly or indirectly, whether in cash or in kind” (Article 1(a)). The Committee asks the Government to clarify whether the term “payment” referred to in section 22(5) of the Labour Code is defined broadly and covers all elements of remuneration, in accordance, with Article 1(a) of the Convention.

Article 2. Minimum wages. With regard to whether any groups of workers or sectors are excluded from the coverage of the minimum wage, the Committee notes that the Government reiterates in its report that the monthly minimum wage is determined for simple and unskilled work not requiring a specified level of qualification and that no one can be paid lower than the statutory minimum wage. The minimum wage is the same for all workers, without exception, regardless of sex. The Committee requests the Government to indicate how “simple and unskilled work” is defined and to provide information on the type of jobs or sectors covered by the minimum wage. It also asks the Government to continue to provide information on developments, with respect, to the coverage and rates of minimum wages.

Article 3. Objective job evaluation. In its previous comments, the Committee asked the Government to provide information on job evaluation methods used to compare different jobs, and to indicate how it is ensured 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. The Committee notes that, according to section 3(1) of the Labour Code of 2015, “the worker’s wage amount shall vary depending on the worker’s skills as well as complexity, amount and quality of the work performed, 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 further emphasizes that 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). The Committee asks the Government to specifically indicate how it is ensured 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. It 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 public sectors and to provide information on any job evaluation exercises which were undertaken, and the outcome thereof.

Articles 2 and 4. Collective bargaining. Cooperation with employers’ and workers’ organizations. The Committee notes that the Government merely reiterates that labour relations may be regulated by collective agreements. The Committee, once again, asks the Government to provide summaries of any collective agreements expressly providing for equal remuneration for men and women for work of equal value. It also requests the Government to provide information on specific measures taken in cooperation with employers’ and workers’ organizations with a view to giving effect to the principle of equal remuneration for men and women for work of equal value.

Enforcement. In its previous comments, the Committee requested the Government to provide information on the measures taken by the competent authorities to ensure the effective monitoring and enforcement of the provisions of the Labour Code concerning remuneration, and on any complaints of such violations addressed by the courts, labour inspectors, or other authorities, and the results thereof. The Committee notes that the Government refers to the new Code of Administrative Offences of 1 January 2015, which provides that if an employer allows labour discrimination that constitutes a violation of a worker’s right to equal pay for work of equal value, the responsible officials incur a fine of a set amount of monthly notional units. The Committee asks the Government to provide 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 penalties imposed, as well as any judicial or administrative decisions concerning the principle of the Convention.