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

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

The Committee notes with regret 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 2013.

Repetition

Article 1(a) of the Convention. Definition of remuneration. The Committee notes section 151 of the Labour Code, which defines wages to include “remuneration for labour in accordance with its complexity, quantity, quality and the conditions in which it is performed, as well as compensatory and incentive payments”. The Government indicates that “compensatory and incentive payments” are paid in the form of increments and supplements, and that the amount is fixed as a precise amount or as a rate to the basic pay or salary. The Committee asks the Government to indicate how in practice the principle of equal remuneration is applied to payments in kind as well as additional payments, including bonuses and allowances.

Article 1(b). Equal remuneration for work of equal value. The Committee recalls section 17 of the Gender Equality Act of 2003 providing that persons of different sex are entitled to equal wages given the same qualifications and the same conditions of work. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which is a feature of the labour market in Kyrgyzstan, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (General Survey on fundamental Conventions, 2012, paragraph 673). The Committee, therefore, asks the Government to take steps to amend section 17 of the Gender Equality Act in order to give full legislative expression to the principle of the Convention and to indicate how the principle of equal remuneration for men and women for work of equal value is applied in practice. Please also indicate whether the Act applies equally to the public and private sectors and provide information on what measures have been taken or envisaged to implement the provisions of the Gender Equality Act.

Article 2. Promoting and ensuring application. The Committee recalls the wage reform policy (2003–10) which has as one of its main objectives the prohibition of discrimination against workers on a variety of grounds including sex, and Decree No. 141 of 18 March 2004 specifying a plan of measures to implement this policy, including proposals to improve the wage organization system in the public sector and to regulate wage setting in the private sector. The Committee notes that the Third National Plan of Action for Gender Equality for the period from 2012–14 was approved. The Committee asks the Government to provide updated information on any wage policy, as well as other measures taken or envisaged, including under the National Plan of Action for Gender Equality for the period from 2012–14, to promote and ensure the application of the principle of equal remuneration for men and women for work of equal value.

Collective agreements. The Committee recalls that the wage reform policy (2003–10) indicated that wage rates and salary scales in enterprises not under state ownership shall be based on collective agreements at the sectoral or enterprise level, but shall not be less than the minimum wage. The Committee notes the Government’s indication that according to “Act on the budget for 2012 and the budget estimate for 2012–14”, the minimum wage was fixed at 760 soms (KGS) for 2012, KGS840 for 2013, and KGS900 for 2014. The Committee again asks the Government to indicate how it promotes and ensures the application of the principle of equal remuneration in the negotiation and implementation of collective agreements setting wages above the minimum wage, and to supply copies of any existing agreements in this regard. It also asks the Government to provide statistics on the number of workers, disaggregated by sex, covered by these collective agreements and, where possible, the number of men and women employed in the private sector whose wages have not been set through collective bargaining.

Public sector. The Committee recalls the Government’s previous indication that wages in the public sector are determined according to the Public Employees Act and that the Government has approved a unified wage scale, differentiated between scientific, health, social security, education, culture and sports, archives and hydrometry services. The Committee notes that the Government has not provided further information in this regard. The Committee again asks the Government to provide a copy of the unified wage scale in the public sector, along with statistical information on the number of public employees by occupation and position disaggregated by sex. The Committee also asks the Government to indicate how it is ensured that the principle of equal remuneration for men and women for work of equal value is applied with respect to payments in kind as well as additional payments in the public sector.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee recalls the Government’s previous indication that under the Labour Relations Act, a permanent national tripartite committee was established to act as the organ of social partnership in Kyrgyzstan. The Committee again asks the Government to provide information on how the work of this tripartite committee has contributed to the application of the principle of equal remuneration for men and women for work of equal value. It also asks the Government to provide information on the specific measures taken in collaboration with the employers’ and workers’ organizations to implement the provisions of the Convention, including with respect to promoting objective job evaluation methods.

Parts III and IV of the report form. Enforcement and judicial decisions. The Committee notes section 421 of the Labour Code, which provides for the competencies of the courts in examining individual labour disputes concerning the pay difference for the period of performing lower paid jobs. The Committee also notes that the National Council on Women, Family and Gender Development was established in December 2012 pursuant to sections 25, 34 and 35 of the Gender Equality Act. The Committee asks the Government to provide detailed information on the work of the National Council on Women, Family and Gender Development with respect to the promotion and application of the principle of the Convention. It also asks the Government to provide details on the number and outcome of equal pay complaints submitted under the Labour Code and the Gender Equality Act. Please further provide information on the activities of the State Labour Inspectorate with respect to the principle of equal remuneration for men and women for work of equal value, particularly relating to the training of inspectors, inspections conducted, infringements recorded as well as any resulting court cases and sanctions imposed.

Part V of the report form. Practical application. Gender wage gap. The Committee notes from the Government’s report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) that the average monthly wage of women in 2005 was 62.5 per cent of the average monthly wage of men (CEDAW/C/KGZ/3, 2 March 2007). The Committee also notes that the CEDAW, in its concluding observation of 14 November 2008, was concerned at the situation of women in the labour market, including the persistent concentration of women in traditional spheres of employment, in low-paid positions, in particular in the informal sector, the wage differentials between women and men, and the high rate of unemployment among women (CEDAW/C/KGZ/CO/3, 14 November 2008, paragraph 35). The Committee again asks the Government to provide information on measures taken or envisaged to combat the wage differentials between men and women, to increase the number of women in male-dominated sectors and to ensure that female dominated occupations are not being undervalued. The Committee also asks the Government to provide updated statistical information on wages disaggregated by sex, which will allow the Committee to evaluate adequately the nature, extent and causes of the gender wage gap both in the public and private sectors.