Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Equal Remuneration Convention, 1951 (No. 100) - Latvia (Ratification: 1992)

The Committee notes the observations of the Free Trade Union Confederation of Latvia (FTUC).

Article 2 of the Convention. Application by means of legislation. Public service. The Committee notes from Eurostat gender pay gap statistics that the gender pay gap is larger in the public service than in the private sector (19.4 per cent compared to 14.2 per cent). It further notes that, while the gender gap has decreased somewhat in the public sector, it remains significant and has continued to widen in the private sector over the past four years recorded (2011–14). The Committee notes the amendments to Cabinet Regulation No. 1073 of 30 November 2010 which provides more specifically that the purpose of classification of occupations is to ensure that equivalent and similar occupations are classified in the same way and sets out the comparators used for the classification system such as complexity of work, mental strain, cooperation, management functions, responsibility, as well as education and experience necessary to carry out the duties. The Committee notes the objective nature of these criteria and the explanations of the Government and that the classification system does not directly discriminate against women. The Committee however recalls that indirect discrimination may exist in the establishment or application of the system and the attachment of the remuneration structure to the occupational classifications, such as when occupations traditionally held by women are undervalued compared to those traditionally held by men. Noting the wide gender pay gap in the public service, the Committee hopes the Government will consider undertaking a gender pay review and analysis of the local and state government authorities as well as the State Civil Service to determine the causes of the pay gap and the remedial action necessary and be able to report on the concrete steps taken in its next report.

Application by means of equality policies. The Committee notes the various measures taken to promote gender equality in employment which the Government indicated addressed gender segregation in the labour market, a recognized cause of the gender pay gap. The Committee refers to its direct request under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), where it pointed out that none of the reported measures appeared to target or support skills training of men and women or entry into employment in non-traditional occupations or sectors. The Committee notes the inclusion of equal remuneration in the indicators of the “Sustainability Index” and that experts developed advice and guidelines for each undertaking. The Committee also notes the study of women in large undertakings and that recommendations have been drawn up. The Committee asks the Government to provide information on the contents of the guidelines and recommendations drawn up for undertakings and the follow-up action to ensure their implementation. It also asks the Government to provide information on the employment and remuneration impact of any measures taken to address the occupational segregation and the promotion of balancing work and family responsibilities for men and women.

Article 2(c). Application by means of collective agreement. Further to its observation, the Committee notes the intention of the FTUC to seek to introduce specific provisions on equal remuneration for work of equal value in collective agreements. It further notes from the Government’s report that the Employers’ Confederation of Latvia (ECA) and the FTUC entered into an agreement on 20 September 2013 to continue cooperation in a number of fields including provision of equal opportunities, improvement in remuneration and opportunities for women with families. It also notes that in promoting the reconciliation of work and family life, the social partners emphasized the involvement of men in taking care of children, and advocated for the introduction and use of the ten-day paid leave that is granted to the father after the child is born. The Committee asks the Government to provide information on how equal remuneration for work of equal value is being included and promoted through collective bargaining, including examples of specific provisions and actions taken. It further asks for information on the implementation of the agreement between the ECA and the FTUC to address and reduce the gender pay gap, including through measures such as the promotion of reconciliation of work and family for both men and women workers.

Article 3. Objective job evaluation. The Committee notes the information on the Supreme Court judgment in Case No. SKC-67 of the Civil Matters Department of the Supreme Court of the Republic of Latvia where it was recognized that the principle of equal pay for men and women for the same work or work of equal value was not only limited to such cases where men and women concurrently perform the same work or work of the same value with the same employer. According to the report it means that rates of remuneration for employees who consecutively replace one another are comparable. The Committee notes the understanding of the principle of equal value contained in the Government’s report. Based on this understanding and with reference to the information in the observation and the agreement between the ECA and the FTUC mentioned above, the Committee again asks the Government, in cooperation with workers and employers’ organizations, to develop, promote and implement practical approaches and methods, such as developing guidelines or job evaluation methodologies, to assist in effectively applying the principle of equal remuneration for work of equal value. The Committee asks the Government to report on the steps taken whether at the undertaking, sector, local or national level.

Enforcement. The Committee notes the information on the capacity building of labour inspectors and judges and the few cases on inequality with respect to remuneration. The Committee hopes that the Government will continue to build the capacity of the labour inspectorate, judges and the Office of the Ombudsman to handle matters of discrimination including in equal pay and that it will continue to provide information on the number, nature and outcome of complaints of equal remuneration made to the labour inspectorate, ombudsman or courts.