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

Equal Remuneration Convention, 1951 (No. 100) - North Macedonia (Ratification: 1991)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Situation of men and women in the labour market. Occupational gender segregation. The Committee notes that despite the Government’s indication that numerous activities have been carried out to address the gender stereotypes and prejudices regarding the role of women in society, the objective of the National Employment Strategy and the National Employment Action Plan to increase the employment rate of women to 38 per cent by 2010 has not been reached. It notes from the Women and Men in Macedonia publication, provided by the Government with its report, that employment rates have gone down from 2008 to 2011, 33.5 per cent to 30.9 per cent for women and 52.8 per cent to 47 per cent for men. The Committee notes the same downward trend for activity rates in that period, 50.2 per cent to 44.7 per cent for women and 76.6 per cent to 68.6 per cent for men. It also notes that women represent only 39.4 per cent of the full-time employees and 44.7 per cent of part-time employees. From the Women and Men in Macedonia publication, the Committee notes the persisting occupational gender segregation between men and women in certain sectors, for example the construction sector where women represent 7 per cent of the task force or the health and social work sector where women make up 67 per cent of the employed. It also notes, from the 2013 concluding observations of the Committee on the Elimination of Discrimination against Women (CEDAW), that the CEDAW expressed concern over the fact that women, including from ethnic minorities, continue to be under-represented in the political sphere (CEDAW/C/MKD/CO/4-5, 22 March 2013, paragraph 27). The Committee takes note of the adoption of the National Strategy for Gender Equality (2012–20), the National Action Plan for Gender Equality (2013–16) and the National Strategy on the Introduction of Gender-Responsive Budgeting (2012–17). Recalling that the adoption of laws and policies needs to be implemented through concrete measures, the Committee requests the Government to take concrete actions under the abovementioned frameworks to specifically address the low activity and employment rates of women and to provide specific information in this regard. The Committee also requests the Government to provide information on the measures taken or envisaged to be taken to address the under-representation of women in the political sphere and other male-dominated sectors. Noting the decreasing employment opportunities in the former Yugoslav Republic of Macedonia, the Committee requests the Government to take measures to ensure that women are not unequally affected and to provide information in this regard.

Assessment of the gender remuneration gap. The Committee notes from the survey on the structure of earnings of employees that, in 2010, the gender pay gap averaged 7 per cent and varied greatly according to the sector of activity where, for example, it was as high as 25 per cent in the manufacturing sector or 20 per cent in the wholesale sector. The Committee also notes that while the annual gender pay gap between men and women with a university education was 13 per cent, it went up to 23 per cent between men and women with an incomplete primary or secondary education, and when considering this last category of workers, the hourly gender pay gap was 50 per cent. The Committee requests the Government to provide information on any measures taken to reduce the gender remuneration gap as well as on the results achieved in this respect. The Committee requests the Government to provide updated statistical information on the earnings of men and women, according to sector or industry, and occupation, to allow it to assess potential improvements. It also suggests that the Government conducts a study or report on the gender pay gap and its underlying causes, and to provide detailed information in this regard.

Articles 1(b) and 3 of the Convention. Work of equal value and objective job evaluation. The Committee recalls that section 108(1) of the Labour Relations Law provides for payment of “equal salary to employees for equal work with equal responsibilities at the position”. It notes the Government’s indication that this provision is sufficient to prevent gender discrimination in regards to salary although it indicates that it will take into account the Committee’s comments in a future modification of the law. The Committee recalls that when determining wage rates often “female jobs” are undervalued compared to work of equal value performed by men which is why the concept of “work of equal value” 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 General Survey on the fundamental Conventions, 2012, paragraph 673). The Committee therefore requests the Government to take steps to give full effect to the expression of “work of equal value” by amending section 108(1) of the Labour Relations Law, with a view to addressing situations where men and women perform different work, with different responsibilities, that is nevertheless of equal value, without restricting it to the same establishment or the same employer, and to provide information on any developments in this regard. The Committee also requests the Government to promote the establishment of objective job evaluation methods to determine whether different jobs are of equal value and thus entitle workers to equal remuneration.

Minimum wage. The Committee notes with interest the adoption of the Minimum Wage Law (No. 11/2012) which fixes a standard minimum wage for all employees, as the setting of minimum wages is an important means by which the Convention is applied (see General Survey on the fundamental Conventions, 2012, paragraphs 682 and 683). It notes that Part III of the Law provides for labour inspectors to supervise its application. The Committee requests the Government to provide information on cases of violations detected by the labour inspectors indicating how these cases were settled and providing, where possible, copies of the decisions handed down by the competent administrative or judicial bodies.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee also notes from the “Gender Equality Strategy (2013–20)” that gender issues are not incorporated in collective agreements or in the social dialogue more generally. The Committee recalls that governments should take the necessary steps to cooperate with the social partners to ensure that the principle of equal remuneration between men and women is included in the provisions of collective agreements (see General Survey on the fundamental Conventions, 2012, paragraphs 680 and 681). The Committee requests the Government to take proactive steps to promote and facilitate the application of the provisions of the Convention in practice through public information campaigns and awareness-raising initiatives, in cooperation with employers’ and workers’ organizations. The Government is requested to provide information on the progress made in this regard.

Parts III and IV of the report form. The Government is requested to continue to provide information on the specific activities undertaken by the Commission for Equal Opportunities and the labour inspection services in particular with respect to the application of the principle of equal remuneration for men and women for work of equal value. Please also provide information on any judicial decisions regarding the application of the principle of the Convention.