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

Equal Remuneration Convention, 1951 (No. 100) - Bulgaria (Ratification: 1955)

The Committee notes the observations made by the Confederation of Independent Trade Unions of Bulgaria (CITUB) received on 5 October 2015.

Article 2(2)(a) of the Convention. Legislative developments. The Committee recalls that according to article 14(1) of the Protection Against Discrimination Act 2003, “The employer shall ensure equal remuneration for equal work or work of equal value.” The Committee wishes to stress that the Convention calls for the application of the principle of “equal pay for work of equal value”, which is a concept that goes “beyond equal remuneration for ‘equal’, ‘the same’ or ‘similar’ work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value” (see 2012 General Survey on the fundamental Conventions, paragraph 673). The Committee notes the Government’s indication that article 14(1) calls for equal pay for work that is “equal in complexity and responsibility with the same level of education, professional qualification and performance”. The Committee notes that such a restrictive formulation may undermine the value of jobs predominantly performed by women. “Comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize the value of work performed by women and men free from gender bias” (see 2012 General Survey, paragraph 675). The Committee further notes the Government’s indication of the repeal of article 14(4) of the Protection Against Discrimination Act, which stipulated that the remuneration of an employee or worker returning from maternity leave or child-care leave must be indexed at the same rate as the one applied to the other workers. The Committee asks the Government to consider amending article 14(1) to fully reflect the principle enshrined in the Convention. It further asks the Government to indicate how it is ensured that women who have taken maternity or child-care leave do not face pay discrimination when they return to work, after the repealing of section 4 of article 14 of the Protection Against Discrimination Act.

Article 2. Gender wage gap. In its previous comment, the Committee had requested the Government to provide information on measures taken to address the persistent gender pay gap and occupational gender segregation, in particular, in the public sector and in the health-care and social activities sector. In its report, the Government mentions Eurostat data, according to which there has been very little change to the gender wage gap since 2006: in 2014, the gender wage gap was 14.7 per cent and the highest gender wage gap was to be found in “health-care and social activities” (43 per cent in the public sector and 74 per cent in the private sector in 2008). The Government explains that the gender wage gap is caused by interrelated factors including occupational gender segregation both along horizontal and vertical lines and the impact of family responsibilities on women’s careers. The Committee notes the CITUB’s information according to which the reduction of the gender gap was the focus of a Regional Seminar organized by the European Trade Union Confederation (ETUC) during the period under consideration and that the discussions led to concrete proposals to reduce the gender wage gap, such as, for example, developing common strategies for participants to collective bargaining processes at enterprise, national and European levels. The Committee asks the Government to indicate whether steps have been taken, in cooperation with the social partners, to implement the proposals made during the ETUC seminar. It also reiterates its request to the Government to take proactive measures to examine and address the persistent gender wage gap in “health-care and social activities” in both the private and public sectors. The Committee also refers to its comments under Convention No. 111 on Discrimination in Employment and Occupation.

Collective labour agreements. In its previous comment, the Committee had noted the Government’s indication that by the end of 2011, the minimum social security income was prescribed in the collective agreements of 50 economic activities, and internal proposals regarding the minimum social security income were also made in another 35 economic activities; and also that the minimum social security income was to be raised by 6.9 per cent on average. In its report, the Government indicates that minimum social security income is agreed between the social partners and serves the purpose of social security, outside collective labour agreements. The Committee requests the Government to clarify this statement and to provide detailed information on the impact of the minimum social security income on reducing the gender pay gap and whether the principle of the Convention has been taken into account in the process.

Minimum wage. The Committee notes the CITUB’s comments that Bulgaria is in need of an ambitious programme to implement the principles of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), and that objective methods to determine minimum wages form a basis also for wage determination in regard to more qualified work, as well. In this regard, the Committee refers to its 2013 comments under Convention No. 26, in which it stated that according to the CITUB “the Ordinance on Wage Determination of 1991, is outdated while the current legislation sets out no clear methodology for establishing minimum wage rates”. The Committee stresses that the setting of minimum wages is an important means by which the Convention is applied, in view of the fact that a minimum wage system helps to raise the earnings of the lowest paid. As women predominate in low-wage employment, the setting of minimum wages has an influence on the relationship between men and women’s wages and on reducing the gender pay gap. Recalling that special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular, that certain skills considered to be “female” are not undervalued, the Committee asks the Government to provide information on any developments in this regard, including steps taken to incorporate the principle of equal pay into the method of establishing minimum wage in cooperation with the social partners.

Measures to promote and ensure equal remuneration. The Committee notes that in 2014, the Ministry of Labour and Social Policy held a round table discussion in the context of the National Equal Pay Day. There were 40 participants representing ministries, agencies, the National Social Security Institute, the National Statistical Institute, social partners and non-governmental organizations. The Committee also notes that the subject of pay equality formed part of the discussions when the director and an expert of the European Institute for Gender Equality made an official visit to Bulgaria. Over 60 representatives of ministries, agencies, social partners, academic circles, non-governmental organizations and mass media were present. The Committee asks the Government to continue providing information on awareness-raising activities conducted with respect to the principle of equal remuneration and also on measures taken to promote and ensure equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee notes that, once again, no information has been provided by the Government on objective job evaluation. In this regard, it wishes to underline that the concept of “equal value”, the cornerstone of 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 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 skills, effort, responsibilities and working conditions. Measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms. The implementation of job evaluation exercises has been shown to have a measurable impact on gender pay differentials. In light of the persistent gender pay gaps that the Government acknowledged in its report, the Committee asks the Government to provide information on measures taken or envisaged to promote the development and use of objective job evaluation, free from gender bias, including in the private sector, in collaboration with employers’ and workers’ organizations.

Enforcement. The Committee notes the Government’s indication that between 2012 and 2014, the Second Permanent Jury of the Commission for Protection Against Discrimination (CPD) examined 26 cases of alleged violation of the equal pay principle and notes the annexed summaries of the CPD’s decisions relating to equal pay. The Committee draws attention to the CITUB’s statement that the labour inspection services focus their attention on recruitment procedures and registration of labour contracts rather than on the methods of wage fixing, including verification of compliance with the principle of equal remuneration for work of equal value. The Committee recalls that often the lack of human and material resources has an impact on the capacity of labour inspectors to address discrimination and equal remuneration issues. In most cases, labour inspectors may be able to intervene and provide guidance and redress only on the basis of individual complaints rather than on a more systematic and comprehensive basis during regular inspection at the workplace (see 2012 General Survey on the fundamental Conventions, paragraph 874). Stressing the crucial role of the labour inspectorate in the enforcement of legislation at the workplace, the Committee encourages the Government to investigate the comments made by the CITUB with a view to strengthening the role of the labour inspectorate to ensure employers’ compliance with the principle of equal pay. The Committee also requests the Government to continue providing information on equal pay cases examined by the CPD and the courts and their outcomes.