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

Equal Remuneration Convention, 1951 (No. 100) - Albania (Ratification: 1957)

Articles 1 and 2 of the Convention. Addressing the gender pay gap and its underlying causes. The Committee notes the Government’s indication that according to a study published by the Alliance for Development Centre on “Gender inequality in pay: the Albanian case”, the gender remuneration gap in 2012 was evaluated at 17.4 per cent in the private sector. The Committee further notes that, in its last concluding observations, the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the gender wage gap which, notwithstanding reported positive developments, remains significant, in particular in the private sector, and that the minimum wage remains extremely low, disproportionately affecting women. The CEDAW also expressed concern about the women’s concentration in the informal labour market, especially in the textile and shoe industries, without adequate labour and social protection (CEDAW/C/ALB/CO/4, 25 July 2016, paragraph 30). The Committee requests the Government to provide specific information on the measures taken, in cooperation with employers’ and workers’ organizations, to examine and address the underlying causes of the remuneration gap, and to increase the labour force participation rate of women in the formal labour market, especially in rural areas, including in sectors and positions in which they are currently absent or under-represented and in decision-making positions. Recalling that collecting and analysing data on the position and pay of men and women in all job categories, within and between sectors, is required to determine the nature and extent of the gender remuneration gap and address this issue, the Committee requests the Government to provide up-to-date statistical data, disaggregated by sex, on the distribution of workers in the different sectors of economic activity, job categories and positions, both in the public and private sectors, specifying their corresponding remuneration levels.

Article 2. Work of equal value. Legislative developments. The Committee refers to its previous comments where it noted that the Gender Equality Law of 2008 and the Labour Code provide for equal remuneration for work of equal value and that work of equal value is defined as the “paid activity, which, compared with the same indicators or unit of measure of another activity, displays similar or equal knowledge and professional skills in carrying out equal or almost equal physical and intellectual efforts” (section 4(8) of the Gender Equality Law). The Committee notes the adoption of Law No. 136/2015 of 5 December 2015, which came into force in June 2016, and introduces amendments to the Labour Code, more particularly concerning section 115 on equal pay. The Committee notes with interest that the new section 115(3) includes a definition of remuneration in conformity with the provisions of the Convention and that section 115(4) now defines work of equal value on the basis of all relevant criteria, especially the nature of work, its quantity and quality, working conditions, vocational training and seniority, physical and intellectual efforts, experience and responsibilities. The Committee requests the Government to indicate the manner in which section 4(8) of the Gender Equality Law of 2008 and section 115(4) of the Labour Code are applied in practice in order to permit the comparison of jobs that are of a different nature but nevertheless of equal value. It requests the Government to indicate whether any measures are envisaged in order to harmonize the different definitions of work of equal value provided for under the Gender Equality Law and the Labour Code, for legal certainty and clarity. The Committee requests the Government to provide specific information regarding awareness-raising activities conducted among workers, employers and their organizations, as well as labour inspectors, judges and other officials responsible, more particularly on the new provisions of the Labour Code, for ensuring the implementation of the principle set out in the Convention in practice. The Committee requests the Government to provide information on the activities undertaken by the Commissioner for the Protection from Discrimination in this regard, as well as on the number, nature and outcome of cases of discrimination on equal remuneration, in both the private and public sectors, dealt with by the State Labour Inspectorate, the courts or the People’s Advocate.

National strategies and action plans. The Committee previously noted that the National Strategy for Gender Equality and the Elimination of Domestic Violence 2011–15 and its action plan set as a priority increased women’s participation in decision-making and economic empowerment of women and girls, through promotion of vocational training of women especially in rural areas. The Committee notes the Government’s indication that the assessment report of this Strategy is currently being drafted and will serve as a basis for the drafting of the new Strategy for 2016–20. It further notes the adoption of the Action Plan for Supporting Women Entrepreneurs for 2014–20. The Committee requests the Government to provide information on the activities undertaken and the results achieved under the National Strategy for Gender Equality and the Elimination of Domestic Violence 2011–15, as well as the Action Plan for Supporting Women Entrepreneurs for 2014–20, in matters relating to the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide information on the progress achieved in the adoption and implementation of the new strategy for 2016–20, as well as on any other action plan aimed at implementing the principle of the Convention. The Committee requests the Government to indicate to what extent the National Council on Gender Equality has been involved in the elaboration and implementation of such strategies and action plans.

Article 3. Objective job evaluation. The Committee notes the adoption of the Decision of the Council of Ministers No. 142 of 3 December 2014 on the description and classification of job positions in the state administration institutions and independent institutions. It notes the Government’s indication that institutions of state administration are currently working on job descriptions based on the tasks performed by the employees. The Committee recalls that the concept of “equal value” laid down in 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, undertaken 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 skill, effort, responsibilities and working conditions. The Committee recalls that objective job evaluation is concerned with evaluating the job and not the individual worker (see 2012 General Survey on the fundamental Conventions, paragraphs 695–696). The Committee requests the Government to provide information on the method and criteria used to establish the classification of jobs and the corresponding salary scales without gender bias and to ensure that jobs largely performed by women are not undervalued in comparison with predominantly “male” jobs but evaluated objectively on the basis of the work that they involve.