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

Equal Remuneration Convention, 1951 (No. 100) - Tajikistan (Ratification: 1993)

Articles 1 and 2 of the Convention. Gender wage gap. The Committee notes that, according to the 2014 report of the National Agency on Statistics on “Women and Men of the Republic of Tajikistan”, the monthly salary of men was 1,022.50 Tajikistan Somoni (TJS) for men and TJS646.83 for women. The Committee further notes the persistence of occupational gender segregation, for example: there were 257,400 men and 239,000 women in the agricultural, hunting and foresting sector in 2013; 10,500 men and 1,500 women in the mining industry; 21,300 men and 2,100 women in construction; and 93,200 men and 108,000 women in education. Agricultural workers are still paid the lowest wage in the economy (TJS367.59 for men and TJS211.34 for women). In this regard, the Committee notes that, in its concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW), expressed concern at the concentration of women in the informal economy and in low-paid jobs (CEDAW/C/TJK/CO/4-5, 29 October 2013, paragraph 25(a)). The Committee recalls that occupational gender segregation into lower-paying jobs or occupations or positions without career opportunities has been identified as one of the underlying causes of the gender pay gap. Historical attitudes towards the role of women in society along with stereotypical assumptions regarding women’s aspirations, preferences and “suitability” for certain jobs have contributed to such occupational segregation in the labour market, and an undervaluation of so-called “female jobs” in comparison with jobs performed by men (see 2012 General Survey on the fundamental Conventions, paragraphs 697 and 712). The Committee once again asks the Government to step up its efforts to address the gender wage gap in the agricultural sector so as to prevent a further widening of the gap and to report on the results achieved. The Committee further asks the Government to provide detailed information on the measures taken or envisaged in order to address the gender wage gap. Recalling that wage inequalities may arise due to the segregation of men and women into certain sectors and occupations, the Committee asks the Government to provide information on the measures taken or envisaged to improve the access of women to a wider range of job opportunities at all levels, including sectors in which they are currently absent or underrepresented, with a view to reducing inequalities in remuneration that exist between men and women in the labour market. Please continue to provide detailed and up-to-date statistics on wages of women and men, including sex disaggregated data by industry and occupational category.

Civil service. In its previous comments, the Committee asked the Government to provide information on how it is ensuring equal remuneration for men and women for work of equal value in the civil service. It also asked the Government to provide statistical information disaggregated by sex on the distribution of men and women in the various occupations and grades in the civil service, and their corresponding earnings. The Committee once again asks the Government to indicate how it is ensuring in practice equal remuneration for men and women for work of equal value in the civil service. Please also provide statistical information disaggregated by sex on the distribution of men and women in the various occupations and grades in the civil service, and their corresponding earnings.

The Committee further notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

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Article 2 of the Convention. Legislation. The Committee recalls that the Labour Code prohibits discrimination in payment for work and requires employers to pay workers the same remuneration for work of equal value (section 102). The Committee also notes that section 13 of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 1 March 2005, provides that “the employer (head of state organ or organization of any property form) must ensure equal salary for men and women, having the same position”, which is narrower than the notion of equal remuneration for work of equal value provided for in the Convention.  The Committee asks the Government to clarify the relationship between the provisions of the Labour Code, in particular section 102, and the provisions of the Framework Law on State Guarantees of Equal Rights for Men and Women and Equal Opportunities in the Exercise of such Rights, No. 89 of 2005, in particular section 13. Please also provide information on the practical application of the relevant provisions of the Labour Code and Law No. 89 of 1 March 2005.

Article 3. Wage determination. The Committee notes the adoption of Government Decree No. 98 of 5 March 2008 to approve the concept of wage reforms in the Republic of Tajikistan, which provides, among others, for mechanisms of state regulation of wage determination.  The Committee asks the Government to provide further information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is being taking into account in the context of state regulation of wage determination.

Article 4. Collective agreements. In the absence of any information regarding the application of the principle of the Convention by means of collective agreements, the Committee reiterates its request to the Government to provide examples of collective agreements covering different sectors and to indicate how these agreements promote the principle of the Convention. Please also indicate the percentage of the workforce covered by collective agreements, disaggregated by sex.

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Enforcement. The Committee understands that a Coordinating Council on Gender Problems has been established in the Ministry of Labour and Social Protection and the State Labour Inspectorate to monitor discrimination against women in the labour market.  The Committee asks the Government to provide information on the activities of the Coordinating Council on Gender Problems to monitor sex-based discrimination regarding remuneration. Please also provide information on the number of violations of section 102 of the Labour Code dealt with by the Ministry of Labour and Social Protection and the State Labour Inspectorate, and indicate whether the courts have dealt with any cases concerning the principle of equal remuneration for men and women for work of equal value.